Editorials: The Supreme Court Ruled That Voting Restrictions Were a Bygone Problem. Early Voting Results Suggest Otherwise. | Emily Bazelon/The New York Times
Tomorrow, and the early voting leading up to it, mark the first presidential election since the Supreme Court clipped the protective wings of the Voting Rights Act. In 2013, speaking for a conservative majority of five, Chief Justice John Roberts effectively eliminated the safeguards created by a provision of the law called Section 5, saying that Congress could no longer require states and counties with a history of racial discrimination to get the approval of the Department of Justice before changing local voting rules and practices. Roberts said things had “changed dramatically” since the 1960s, and these jurisdictions, which are mostly in the South, didn’t need oversight from the D.O.J. anymore. They could be trusted to treat minority voters fairly on their own. As evidence of change, Roberts pointed to the end of the literacy test and other methods of barring voter registration, which included the poll tax. But his conservative majority didn’t account for the hassle tax — the new price that minority voters disproportionately pay. In North Carolina over the weekend, people stood in line for hours in counties with large black and student populations. In a study of 381 counties covered by Section 5, about half the total number, the Leadership Conference Education Fund found 868 fewer places to vote than existed in 2012.