Editorials: Voter ID lawsuits are the last chance to prove the laws are intentionally racist | Ana Marie Cox/The Guardian
This week, the US Department of Justice and the state of Texas started arguments in the first of what will be a summer-long dance between the two authorities over voting rights. There are three suits being tried in two districts over gerrymandering and Texas’s voter identification law – both of which are said to be racially motivated. In its filing, the DoJ describes the law as “exceed[ing] the requirements imposed by any other state” at the time that it passed. If the DoJ can prove the arguments in its filing, it won’t just defeat an unjust law: it could put the fiction of “voter fraud” to rest once and for all. These battles, plus parallel cases proceeding in North Carolina, hinge on proving that the states acted with explicitly exclusionary intent toward minority voters – a higher standard was necessary prior to the Supreme Court’s gutting of Section 3 of the Voting Rights Act (VRA) back in January. Under Section 3, the DoJ had wide latitude to look at possible consequences of voting regulation before they were even passed – the “preclearance” provision. Ironically, because the states held to preclearance had histories of racial discrimination, some of the messier aspects of the laws’ current intentions escaped comment.