Editorials: Do We Still Need the Voting Rights Act? | The New Yorker
The chances to remake American law—and maybe American society—are stacking up for the Supreme Court. Next month, the Justices will render their verdicts on the Affordable Care Act and on the Arizona immigration law. The fate of affirmative action in university admissions will likely be determined by the Roberts Court in its next term, and now another blockbuster appears headed for the Justices as well. The future of the Voting Rights Act—probably the Great Society’s greatest landmark—will almost certainly be in the Court’s hands next year. The heart of the Voting Rights Act is its famous Section 5, which essentially put the South on perpetual probation. In rough terms, the law requires the states of the old Confederacy (as well as a few smaller areas outside the South) to submit any changes in their electoral law to the Justice Department for what’s known as “pre-clearance”—to make sure that the changes don’t infringe on minority voting rights. Before Section 5, states and municipalities could simply change their rules—about everything from the location of polling places to the borders of district lines—and dare civil-rights activists to sue to stop them. It was a maddening, and very high-stakes, game of whack-a-mole. As a result of Section 5, though, the Justice Department monitored these moves and made sure there would be no backsliding on voting rights.

