Editorials: The Voting Rights Act decision as a clear example of judicial activism | Constitution Daily
Last week, Eric Holder announced that the Department of Justice would sue Texas over its new voting ID law and redistricting plan. Vowing that the U.S. wouldn’t allow the recent Supreme Court decision gutting Sections 4 and 5 of the Voting Rights Act to invite states to suppress minority voting rights, Holder promised that the Obama administration would sue under a different provision of the Voting Rights Act—Section 2—which the Court didn’t address in the case. As Molly Redden has reported, the lawsuits face an uphill battle because courts have interpreted Section 2 of the voting rights act to ban only voting practices that are intentionally discriminatory and have established a high burden of proof for intentional discrimination. There is, however, another, deeper reason that the Section 2 suits are unlikely to succeed: several of the conservative justices on the Supreme Court have expressed deep skepticism about the constitutionality of Section 2 of the Voting Rights Act itself.