In the past few years, the right to vote–basic to any real democratic self-government–has become controversial again. Since the Republican sweep of state legislatures in 2010, seven states have enacted fashionable new “voter ID” laws. No one even pretends these laws won’t make it harder for older, poorer, less white (and, coincidentally, more Democratic) voters to cast a ballot. (The Supreme Court regrettably gave the go-ahead to these laws in the 2007 case of Crawford v. Marion County Board of Elections.)
It is almost surreal that in this moment that Arizona, which is becoming to Latinos what Mississippi once was to African Americans, is now seeking a judicial decree that voting rights are no longer a matter for Congressional concern.
Arizona’s new Republican Attorney General, Tom Horne, filed a suit last month asking a federal court to declare that § 5 of the Voting Rights Act of 1965 is unconstitutional. Arizona–in some ways the Mississippi of the 21st Century–is a weird plaintiff, and its claims are even weirder; but weirder claims have succeeded in the past. The Supreme Court signaled in 2009 that it was a bit weary of all this right-to-vote business. If “state’s-rights” advocates succeed in weakening the Act, and gutting Congress’s enforcement power under the Fifteenth Amendment, it will be a matter of serious concern.