"These Men Never Stood in Unmovable Lines"
by Tyler Reny
This morning, in a breath-taking and historic wielding of power, the Supreme Court, voting 5-to-4, struck down Section 4 of the Voting Rights Act (VRA) as unconstitutional. Section 5, the “heart” and “hammer” of the 1965 law, the provision that has for more than 50 years allowed the Justice Department to pre-emptively block changes to electoral practices and laws in certain states and municipalities that have a history of discriminatory behavior towards minority voters remains intact. But without Section 4, which outlines the coverage formula for Section 5, Section 5 is toothless. Today’s ruling will have tragic ramifications for everything from the placement of polls to voter ID laws to redistricting. Most importantly, in a direct blow to the mission of the New American Leaders Project, it would diminish the ability of minority groups to elect their favored candidates.
When the Voting Rights Act was passed in 1965, a century worth of Jim Crow laws and practices were outlawed with the sweep of President Johnson’s pen. The results have been extraordinary. In Mississippi, the number of African Americans who were registered to vote skyrocketed from just 7% in 1965 to 74% by 1988. The number of majority-minority districts in the U.S. grew from just 35 in 1982 to 106 by 2012. Similarly, majority-minority and single-member districts both opened the door for the election of legislators of color at every level of government. Before the VRA was passed, Atlanta’s city council had no members of color. Today, 13 of 16 are black. The story is the same in Congress. The Congressional Black Caucus has 44 members and the Congressional Hispanic Caucus 27.
Nearly everyone agrees that Section 5 has played a critical role in vastly expanding the franchise to minority voters. Justice Ginsburg, in her dissent today, even wrote that “The Voting Rights Act became one of the most consequential, efficacious, and amply justified exercises of federal power in our Nation’s history.” The question is, is Section 5 still needed?
The answer is quite obvious, particularly after the 2012 elections where blatant voter suppression attempts dominated much of the election’s media coverage. Since 2001, as the National Conference for State Legislatures reports, nearly 1,000 voter ID laws were introduced in 46 states, placing burdens on senior citizens, people of color, those with disabilities, poor and lower-income voters, and students. In 2012, researchers at the University of Chicago and Washington University estimated that the country’s voter ID laws alone could suppress overall turnout to the tune of about 700,000 young people of color. Section 5 helps prevent laws like these from taking effect. Just last year, ProPublica reports that Section 5 helped the Justice Department restrict a reduction in voting hours, block voter ID laws in two states, and void newly redistricted maps in another.
Critics of Section 5 argue that Section 2 of the VRA still provides legal redress for discrimination. True. But this “alternative” is troubling for two reasons. First, the burden falls on the plaintiff in Section 2, meaning that costly litigation must be pursued to block a proposed change and will thus be less likely to be pursued when the changes are small, like moving polling places, cutting voting hours, or leaving a language off of a ballot. Second, legislators are finding more insidious ways to try and evade detection of discriminatory practices. In Texas, for example, the redistricting commission “consciously replaced many of the district’s active Hispanic voters with low-turnout Hispanic voters in an effort to strengthen the voting power of CD 23’s Anglo citizens. In other words, they sought to reduce Hispanic voters’ ability to elect without making it look like anything in CD 23 had changed.” As long as it is politically expedient to block a group from voting, political actors will try and do so.
In the past century, Section 5 of the VRA has transformed this country’s political landscape. And in an act of brash judicial activism the Supreme Court has erased decades of progress and erected a hurdle that is guaranteed to make it harder for minorities to vote, easier to dilute voter strength through insidious redistricting, and make it more challenging to elect inspiring Asian American, black, and Hispanic leaders to local, state, and national offices. Our attention must now turn to Congress to rewrite the coverage formula under Section 4. The strength of our representative democracy depends on it.
*another cross post from the NALP blog.













