Editorials: McCrory signs “popular” Voter ID, elections reform bill | Greensboro News & Record

Rare is the bill that is so popular the governor feels the need to note its popularity in a lengthy press release, after he signing it without a public ceremony. But that's the case today: Gov. Pat McCrory has signed House Bill 589. From the release, headlined "Governor McCrory Signs Popular Voter ID into Law":

“North Carolinians overwhelmingly support a common sense law that requires voters to present photo identification in order to cast a ballot. I am proud to sign this legislation into law. Common practices like boarding an airplane and purchasing Sudafed require photo ID and we should expect nothing less for the protection of our right to vote,” said Governor McCrory.

Side note: You ever notice how voter ID proponents trot this Sudafed argument out all the time, but if you suggest that by the same logic the state should create an electronic database of gun purchases  - like we have for Sudafed - you're just an unAmerican nut who wants the government to go door-to-door taking people's guns?

Editorials: What North Carolina’s New Voter ID Law Does for the GOP | The Atlantic

North Carolina Gov. Pat McCrory signed into law the toughest voter ID rules in the country on Monday, and shrunk the number of days allowed for early voting. McCrory says the new law is "common-sense." But the numbers show the law will have, as Reid Wilson explained for National Journal, "undeniable political ramifications." Democrats tend to vote early. Republicans tend to vote absentee. The law makes big changes to in-person voting while leaving rules for absentee ballots mostly the same. The North Carolina NAACP and the ACLU have each filed lawsuits challenging the law as racially discriminatory under Section 2 of the Voting Rights Act. The ACLU wrote in a statement Monday, "the suit specifically targets provisions of the law that eliminate a week of early voting, end same-day registration, and prohibit 'out-of-precinct' voting." A third suit is expected to be filed Tuesday morning, also by the ACLU, challenging the voter ID portion of the law. According to The Nation, the plaintiffs in this third suit will be "college students who will not be able to vote in North Carolina because they have out of state driver’s licenses and their student IDs will not be accepted, and elderly residents of the state who were not born in North Carolina and will have to pay to get a birth certificate to validate their identity."

Editorials: Texas Asks Court To Nuke The Voting Rights Act — Forever | ThinkProgress

When the Supreme Court dismantled a key provision of the Voting Rights Act last June, there were two small silver linings in this decision. The first was the possibility that Congress could revive the regime killed by the Court, where states with particularly poor records of racialized voter suppression must “preclear” their voting practices with the Justice Department or a federal court before those practices can take effect. The second potential silver lining is Section 3 of the Voting Rights Act, which allows a state to be brought back under the preclearance requirement if a court finds that it engaged in “violations of the fourteenth or fifteenth amendment justifying equitable relief.” Now, however, Texas wants to destroy these two silver linings as well. And there is a fair chance that the conservative Supreme Court will allow them to do so.

Editorials: What have Wisconsinites done to deserve voter suppression? | GazetteXtra

The U.S. Supreme Court in June gutted key components of the Voting Rights Act, which became law on Aug. 6, 1965. Before the ink was dry on the high court's ruling, several states announced they will implement restrictive laws that have been on hold or introduce new voting restrictions. Wisconsin was not covered by the voting act's “preclearance” requirements, which now cannot be enforced until Congress acts to update the law. However, we have had our share of unneeded and unfair voting laws proposed and, in some cases, enacted in the past couple of years. For example, a new proposal from Sen. Glenn Grothman, R-West Bend, would severely limit the hours when municipal clerks may offer in-person absentee voting for their constituents to no more than 24 hours a week, during business hours, for a two-week period prior to an election. This would reduce the opportunities for voters across the state who have daytime jobs or family commitments.

Editorials: Arizona leading bad national trend to restrict voting rights. | Baja Arizona Eagle

Media outlets recently dubbed North Carolina’s sweeping new voter restriction legislation the “worst in the nation.” But Arizona’s new roadblocks to get tough on voters -- House Bill 2305 -- is in many ways worse than North Carolina because it was approved on top of some of the nation’s most restrictive voting laws already in place, said Julie Erfle, Chairwoman of the Protect Your Right To Vote Arizona Committee. Erfle is leading a broad and diverse coalition working together to overturn HB2305 through a voter referendum. HB 2305 helps career politicians rig the system by preventing tens of thousands of eligible voters from casting their ballots. The bill will kick people off the early voter rolls and make it a felony for volunteer groups to help elderly, homebound and economically disadvantaged voters get their early voting ballots to the polls. It also helps politicians hold onto power by keeping third parties off the ballot and making it extremely difficult for Arizonans to overturn the Legislature’s decisions through citizen initiatives.

Editorials: Elections in Germany: A Non-Event for Europe | Sharnoff’s Global Views

Angela Merkel, arguably the most powerful politician in the EU stands for re-election for a third term on September 22. She hopes to continue the current coalition of her conservative Christian Democrat Union (CDU) with the pro-business liberal democrats (FDP). Competing with her is Peer Steinbrück of the center-left Social Democrats (SPD), who was also finance minister in Merkel’s government. His preferred coalition partner are the Greens. “Angie,” as Merkel is affectionately known, is hugely popular, but her party less so. Opinion polls now see a neck-and-neck race between Merkel’s coalition and the combined opposition, with recent momentum in favor of the Chancellor. The most likely election day scenarios are (1) the continuation of the current government (we think 50% chance), (2) a grand coalition of the CDU and the SPD with Merkel as Chancellor, as in 2005-2009 (30%) and (3) the scare scenario of SPD and Greens teaming up with the former communist Left Party (10%. The remaining 10% probability we attach collectively to various other coalition scenarios involving the mainstream parties).

Editorials: The Voting Rights Act Is in Peril on Its Forty-Eighth Anniversary | Ari Berman/The Nation

“Today is a triumph for freedom as huge as any victory that has ever been won on any battlefield,” President Lyndon Johnson said on August 6, 1965, when he signed the Voting Rights Act into law. The VRA quickly became known as the most important piece of modern civil rights legislation and one of the most consequential laws ever passed by Congress. It led to the abolition of literacy tests and poll taxes; made possible the registration of millions of minority voters; forced states with a history of voting discrimination to clear electoral changes with the federal government to prevent future discrimination; and laid the foundation for generations of minority elected officials.

Editorials: Make voting easy, efficient and fair | Pittsburgh Post-Gazette

In his State of the Union address in February, President Barack Obama introduced Desiline Victor, who, at 102 years old, had waited in line three hours to vote in North Miami, Fla. The president lauded Ms. Victor's commitment to democracy, but he left out a key fact about her hardship: Compared to some voters, she hadn't stood in line all that long. In 2008, for example, students at Ohio's Kenyon College waited as long as 10 hours to vote, with some casting ballots at 4 a.m. The 2000 election meltdown in Florida pulled the curtain back on our dysfunctional system of voting, offering a primer on just about everything wrong with American elections, from burdensome voter registration to faulty vote tabulation. The crisis inspired repeated efforts at reform. A few, such as the Help America Vote Act of 2002 -- which, among other things, provided funds for better voting machines -- even made a modest difference. Yet three presidential elections after the 2000 fiasco, the basic mechanics of our democracy remain deeply flawed. One reason so little has changed, clearly, is that plenty of powerful people prefer a system that makes it hard to vote. But there have been some real reforms in the states, many won with bipartisan support, and there is room for well-crafted compromises. Improving elections may not be easy, but it is possible.

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Editorials: Tarring democracy in North Carolina | The Virginian-Pilot

It will be harder to cast a ballot in North Carolina now, thanks to a catch-all set of anti-voter legislation that - as it did in other states - addresses a problem that doesn't appear to actually exist. North Carolina's Republican-controlled government has eliminated same-day voter registration; reduced early voting; abolished a program to help high school students register; given party poll-watchers more authority to challenge voters; weakened disclosure for "independent expenditure" committees; ended out-of-precinct voting; made it more difficult to open satellite polling places, say at a nursing home; banned an option for straight-ticket voting; and - of course - approved a new photo-ID requirement. Gov. Pat McCrory said he'll sign the legislation, despite not having seen at least one of its provisions - and apparently not even understanding the current system.

Editorials: The voting rights disaster | Los Angeles Times

It has been less than six weeks since the Supreme Court struck down a key provision of the Voting Rights Act, the landmark law that for five decades has protected this country's most basic democratic right. But it is already clear that the decision was a disaster. Freed of the obligation to seek federal approval before making changes in their election practices, some states have moved to introduce or restore policies that will make it harder for racial minorities to vote or will dilute their political influence. Meanwhile, as any student of contemporary politics could have predicted, a divided Congress shows no sign of moving quickly to adopt a new formula for federal "pre-clearance" of state election changes that would meet the Supreme Court's requirements. Although the Voting Rights Act prohibits racial discrimination in voting nationwide, only some states, mostly in the South, had been required to obtain advance approval from the U.S. Department of Justice or a federal judge before they changed their election practices. The problem with that, Chief Justice John G. Roberts Jr. said, was that the formula for deciding which states had to "pre-clear" changes was rooted in data from the 1960s and '70s and didn't reflect "current conditions," notably dramatic increases in minority turnout in Southern states.

Editorials: The Republican Push to Make it Harder to Vote | Linda Killian/The Atlantic

Within 20 minutes of the Supreme Court’s decision overturning a portion of the Voting Rights Act, the attorney general of Texas tweeted a message signaling that strict voter-ID laws would go into effect there immediately. “I'll fight Obama's effort to control our elections,” Greg Abbott, who just announced he’s running for governor of Texas, tweeted June 25, the day the 5-4 decision in Shelby County v. Holder was released. Unless the law can be successfully challenged in court, Texas residents will now have to show a state- or federal-issued form of photo identification to vote. The list of acceptable forms includes a concealed-handgun license but not a state university student ID. The omission suggests it is not voter fraud but voters unfriendly to the GOP that Abbott and other Texas Republicans are trying to thwart. Other states -- like Mississippi and Arkansas – that have GOP-controlled legislatures and a history of racial discrimination, and whose election laws have been supervised by the Department of Justice since the VRA’s passage in 1965, have also wasted no time moving forward with new voting restrictions in the wake of the Shelby County decision.

Editorials: Citizens United poised to destroy judicial impartiality | James Nelson/The Missoulian

Sen. Jon Tester recently introduced a proposed federal constitutional amendment that would end corporate personhood rights, overturning the U.S. Supreme Court’s Citizens United decision. The utility of such an amendment may be debated, since Citizens United was based on First Amendment free speech law, not referring to corporate personhood as a basis for the decision. Citizens United ushered in the unprecedented use of dark, institutional mega-money to influence elections and, effectively, silence voices of individual small contributors and ordinary voters. The Supreme Court’s approach and subsequent court cases have chipped away at contribution limits by individuals, corporations, unions, special interests groups, “non profits” and trade associations. This has resulted in millions of dollars pouring into elections with little or no disclosure of the source of funding and with little, if any, accountability for truth and accuracy of their messages. Candidates are being “marketed” to voters in the same fashion that fast food and frozen vegetables are hawked to consumers.

Editorials: A full commission should address FEC rules changes | The Washington Post

Dysfunction and conflict continue to roil the Federal Election Commission (FEC), where Republican commissioners hope to exploit their short-term majority and pass wrongheaded changes to the agency’s rules. This summer, Vice Chairman Donald F. McGhan and two other Republican commissioners proposed barring the FEC’s general counsel, when judging whether to pursue an enforcement matter, from consulting publicly available information without commission approval. This would prohibit the FEC staff from using Google, Facebook or a newspaper to look into a possible violation of campaign finance laws without prior approval. The proposal would also limit the FEC’s ability to share information with the Justice Department.

Editorials: The US civil war is playing out again – this time over voter rights | David A Love/theguardian.com

Nearly 150 years after the end of the US civil war, the South and the federal government are poised for a rematch over the voting rights of black Americans, and ultimately over the fundamental rights of all Americans. Once again, the former Confederate states are determined to defend their traditions and way of life, while the Union forces in the North – the federal government – are positioning themselves to defend justice and equality. But this time, in an ironic twist, two black men – President Barack Obama and Attorney General Eric Holder – are leading the charge. In the 1860s, the fight between the North and the South was about slavery and the right of the Confederate states to maintain a dreaded institution that kept people of African descent in bondage. Unprecedented carnage resulted. A century later – in light of the 1954 US supreme court decision in Brown v Board of Education of Topeka, which ended racial segregation in public schools – the South struggled to maintain a Jim Crow system that kept black people legally and politically impotent, all in the name of states' rights. Two hallmarks of the civil rights movement are the Civil Rights Act of 1964 and Voting Rights Act of 1965. Passed by Congress and signed into law by President Lyndon Johnson, the legislative victories were achieved only through the blood of civil rights workers, both black and white, who were beaten, sprayed with fire hoses, shot, firebombed, bitten by police dogs and lynched.

Editorials: Right to vote needs federal protection | Steve and Cokie Roberts/Albany Herald

Cokie’s mother, Lindy Claiborne Boggs, was born on a plantation in the segregated south before women could vote. When she died last week at 97, Barack and Michelle Obama celebrated “her legacy as a champion of women’s and civil rights [that] will continue to inspire generations to come.” Protecting the right to vote was the central principle of Lindy’s political career. During the Louisiana governor’s race of 1939, she organized a group of women to prevent a corrupt machine from stealing the election. One of her cohorts stayed through the night “in a rough waterfront precinct” guarding a ballot box. Another was “pasted” by a rival and wound up with “a black eye and a swollen lip,” Lindy wrote in her memoir, “Washington Through a Purple Veil.” Lindy eventually served 18 years in Congress, succeeding her husband Hale, who was killed in a plane crash in 1972. Hale risked his career to support the Voting Rights Act of 1965, and a cross was later burned on their lawn in New Orleans to protest his vote. “Hale and I strongly believed that the freedom to register and to vote were inherent rights of all citizens of the United States, and that only through the exercise of those rights could true democracy operate,” Lindy wrote.

Editorials: Quick assault on voting rights in GOP-controlled states reveals Supreme Court’s mistake | Lexington Herald-Leader

In her dissent to last month's wrongheaded Supreme Court decision striking down the heart of the Voting Rights Act, Justice Ruth Bader Ginsberg wrote that ending the preclearance requirement for districts with a history of discrimination was "like throwing away your umbrella in a rainstorm because you are not getting wet." Just one month later, Republican lawmakers are flooding the country with voter suppression laws masquerading as voter ID laws and redistricting plans. Texas gleefully announced within two hours of the decision its plan to institute a redistricting map and strict voter ID laws that had been challenged by the Department of Justice as discriminatory. Attorney General Eric Holder is commendably trying to battle Texas' discriminatory laws under a different section of the Voting Rights Act, but draconian voter ID laws are rapidly spreading through Republican-controlled states. North Carolina Gov. Pat McCrory says he will sign a nakedly partisan voter suppression bill, though he admits that he has not read it. Perhaps he should.

Editorials: Holder’s Texas-Sized Gambit after Voting Act Loss | Rick Hasen/National Law Journal

The U.S. Department of Justice announced on July 25 that it would seek renewed federal oversight of some jurisdictions previously subject to DOJ “preclearance” because of their history of racial discrimination in voting. The DOJ’s move, which will begin with Texas, is made under the Voting Rights Act’s little-used “bail in” provision—and it is risky, both politically and legally. But given the few alternatives to protect minority voters, U.S. Attorney General Eric Holder probably figures the risks are worth taking. In late June, the U.S. Supreme Court in Shelby County v. Holder stripped the U.S. Department of Justice of a key tool used to protect minority voters. Section 5 of the Voting Rights Act required states and localities with a history of racial discrimination in voting to get approval or preclearance from the DOJ or a three-judge court in Washington D.C. before making any changes in their voting laws. The Supreme Court struck down as unconstitutional the formula in Section 4 used to define jurisdictions subject to preclearance, rendering Section 5 mostly inoperable.

Editorials: Texas Shows Congress Must Update the Voting Rights Act | Spencer Overton/Huffington Post

A recent court action against Texas is important, but it should not fool us into believing that existing laws are sufficient to protect voting rights. Indeed, the central lesson from Texas is that Congress must update the Voting Rights Act. Last week, the Justice Department joined several civil rights groups in asking a federal court to require that Texas preclear its future voting changes with federal officials. The Department relied on Section three of the Voting Rights Act, which remains in force even after last month's Supreme Court decision. Section three allows a court to "bail in" to coverage areas with contemporary, intentional voting discrimination. Significant discrimination persists in Texas, and the court should order Texas to preclear future voting changes.

Editorials: Another Citizens United, but Worse, Goes to the Supreme Court | Jeffrey Toobin/ The New Yorker

Think the Supreme Court’s decision in Citizens United was bad? A worse one may be on the horizon. To recognize the problem, it’s necessary to review some of the Court’s gnarled history on the subject of campaign finance. In Citizens United, which was decided in 2010, the Court rejected any limits on what a person or corporation (or labor union) could spend on an independent effort to help a candidate win an election. Thus the rise of Super PACs; that’s why Sheldon Adelson could spend sixty million dollars to help Mitt Romney in 2012. But, though Citizens United deregulated independent expenditures on behalf of candidates, the case said nothing about direct contributions to the candidates themselves. That’s where the new case comes in. Current federal law allows individual donors to give up to two thousand six hundred dollars to any one candidate during a single election. In addition, they can give only an aggregate hundred and twenty-three thousand dollars to candidates, political action committees, and parties over a two-year period. Shaun McCutcheon, an Alabama Republican, wants to give more money to the candidates he supports, so he has sued to invalidate the rules limiting the over-all amounts he can give. (Indeed, the patriotically minded McCutcheon wanted to give “$1,776” to enough candidates to exceed the current limits on direct contributions.) The Supreme Court will hear his case in the fall, and he has a good chance of winning.

Editorials: Unbending commitment to voting rights | James Sensenbrenner/USAToday

The Voting Rights Act (VRA) is one of the most important pieces of civil rights legislation ever passed. It began a healing process that ameliorated decades of discrimination and is vital to our commitment to never again permit racial prejudices in our electoral process. At a time of social upheaval and political inequality, the VRA helped distinguish America as the world's premier example of democracy. Free, fair and accessible elections are sacrosanct, and the right of every legal voter to cast their ballot must be unassailable. In contrast to past attempts to end discrimination, the VRA required federal preclearance of changes to voting laws in areas with histories of discrimination. Section 5 of the VRA was the only federal remedy that could stop discriminatory practices before they impacted elections. Prior to the 2006 reauthorization, the Judiciary Committees held multiple hearings examining the VRA. Congress amassed a legislative record of over 15,000 pages, documenting invidious discrimination and demonstrating "the continued need for federal oversight."

Editorials: Another Citizens United—But This Time We’ll Win | Liz Kennedy/Demos

Jeffrey Toobin is up with a piece today, “Another Citizens United – But Worse,” about the Supreme Court’s next money in politics case.  In McCutcheon v. FEC, slated for oral argument in October, appellants challenge contribution limits on the total amount of money one individual can transfer in direct contributions. If the Supreme Court strikes these aggregate contribution limits, a person now limited to making $123,200 in direct contributions could make—and be solicited for—as much as $3.5 million in contributions directly to candidates, parties, and committees. Contribution limits are one of the last bastions of campaign finance law regularly upheld by courts, along with disclosure requirements, even after the floodgates on independent expenditures were opened in Citizens United. So it is no wonder they are under assault from those who advocate a Wild West of campaign spending, lacking common sense rules to prevent the capture of democratic government by concentrated economic power. Toobin paints a dreary picture of the prospects for the case, encapsulated in a quote from the lower court that upheld the contribution limits but raised the “possibility that Citizens United undermined the entire contribution limits scheme.” But he is wrong that Citizens United itself “said nothing about direct contributions to the candidates themselves.” In fact, Kennedy’s opinion reiterates the legitimate need for contribution limits to fight the reality and appearance of corruption.

Editorials: A Critical Look at Holder’s Texas ‘Gambit’ | Wall Street Journal

Dusting off a little-used section of the 1965 Voting Rights Act, Attorney General Eric Holder made headlines last week when he asked a federal court in San Antonio to take back control of Texas’s voting rules. The move is thought to be a prelude to a broader battle with Republican states following a landmark Supreme Court ruling that gave GOP regions more autonomy over their election laws. But Mr.  Holder’s fight with Texas may not be worth it, at least according to University of California-Irvine law professor Richard Hasen, an electoral law expert who supports tougher voting-rights protections. The best thing that can be said about the Justice Department’s legal strategy is that it’s better than nothing, he said. While the Supreme Court freed nine states and several counties from having to get permission before making changes to voter rules, it left intact Section 3 of the Voting Rights Act. Under that provision, a court can impose special oversight of a jurisdiction. It’s a process known as “bailing in.”

Editorials: North Carolina: First in Voter Suppression | New York Times

Gov. Pat McCrory of North Carolina didn’t like our recent editorial that criticized the state for abandoning its traditions of racial equality, strong public schools, and economic fairness. He wrote a letter to the editor saying he was leading the state to a “powerful comeback.” That’s demonstrably untrue when it comes to the economy and the schools. But as yesterday’s events in the state capital showed, one thing is making a comeback: an old habit of suppressing the votes of minorities, young people and the poor, all in the hopes of preserving Republican power. Freed of federal election supervision by the Supreme Court, the North Carolina legislature passed a bill that combines every idea for suppressing voter turnout that Republicans have advanced in other states. Rick Hasen, an election-law expert at the University of California, Irvine, called it “the most sweeping anti-voter law in at least decades.”

Editorials: North Carolina Voter ID Law Targets College Students

Legislation that North Carolina Gov. Pat McCrory (R) plans to sign into law -- despite not reading the entire bill -- will make it more difficult for college students to vote in the Tar Heel state. The GOP-backed bill, H.B. 589, will require voters to display specific types of government-issued IDs at the polls, and it doesn't recognize college ID as valid identification. The measure also removes preregistration for high school students, cuts early voting time and eliminates same-day registration. "It's clearly targeting student voters," Diana Kasdan, senior counsel at the New York University School of Law's Brennan Center for Justice, told the Chronicle of Higher Education. "They tend to vote Democratic, and it's a Republican-controlled state legislature that passed it." Although former Massachusetts Gov. Mitt Romney (R) won North Carolina in 2012, two-thirds of voters under age 30 voted Democratic. U.S. Supreme Court precedent allows out-of-state students to vote where they attend college, but few students seek to obtain a driver's license in the state where they attend school. For this reason, critics contend that voter ID laws that do not allow college-issued cards create an extra hurdle for young voters.

Editorials: In Going After Texas Voting Policies, Holder Takes John Roberts at His Word | Garrett Epps/The Atlantic

"The way to stop discrimination on the basis of race," Chief Justice John Roberts wrote in 2007, "is to stop discriminating on the basis of race." We will now find out whether Roberts's anti-racist rhetoric is serious, or is a code phrase meaning that the era of civil rights is now over by judicial fiat. On Thursday, Attorney General Eric Holder announced that the Justice Department would ask a federal District Court to require the state of Texas to obtain prior permission before implementing its voter ID and other new voting laws. As is widely known, the Supreme Court in June gutted Section 5 of the Voting Rights Act--the "preclearance" requirement that obliged states and local governments with long racist histories to obtain advance permission for changes in their voting systems.  Roberts himself wrote the 5-4 opinion. Most news accounts focused on his blithe statement that (in the era of Trayvon Martin and Paula Deen) "our Nation has made great strides," and thus need not suspect Southern state governments of racism.

Editorials: No, Congress Won’t Fix The Voting Rights Act. Here’s Why. | TPM

Ever since the Supreme Court gutted a centerpiece of the Voting Rights Act and threw it back in Congress’s lap, lawmakers in both parties have engaged in happy talk about the prospects of patching the provision used to proactively snuff out voter discrimination against minorities in the state and local governments where it’s most prevalent. But it’s looking less and less likely that a fix will be agreed to because Republicans have little to gain and a lot to lose politically if they cooperate. “Ain’t gonna happen,” Rep. Joe Barton (R-TX) said late last week, according to Roll Call. A recent House Judiciary Committee hearing made clear that Republicans have little to no interest in reconstituting the Voting Rights Act. Judiciary Chairman Bob Goodlatte (R-TX) opened by emphasizing that even after the Supreme Court’s decision, “other very important provisions of the Voting Rights Act remain in place.”

Editorials: Obama and Eric Holder take on Texas and other states on voting | New Republic

Pro-tip: When you win a big court case giving you the go-ahead to suppress voter turnout for your political opponents, don’t gloat about it. That is surely one of the lessons in the remarkable news that the U.S. Department of Justice is challenging new voting-rights laws in Texas and elsewhere even after the Supreme Court ruling that eviscerated the part of the Voting Rights Act that the feds had relied on for decades to challenge voting restrictions. What made the ruling especially galling was the celebration that followed from Republicans in states, including Texas, who immediately vowed to proceed with voting restrictions that had been challenged under the now-undermined part of the VRA. The alacrity with which Texas, North Carolina and other states have rushed to take advantage of the ruling seriously weakened the sober conservative argument, from Chief Justice John Roberts and others, that Southern states no longer needed to be singled out for special scrutiny because they had long since left their discriminatory ways behind. And it all but invited Attorney General Eric Holder to take this new step, to announce that his department would still do everything in its power to ensure fairness at the polls.

Editorials: Holder fights back on voting rights | E.J. Dionne/The Washington Post

Attorney General Eric Holder has opened what will be an epic battle over whether our country will remain committed to equal rights at the ballot box. In a display of egregious judicial activism in late June, the conservative majority on the Supreme Court gutted the Voting Rights Act. Holder made clear last week he intends to fight back. The struggle will begin in Texas, but it won’t end there. “We cannot allow the slow unraveling of the progress that so many, throughout history, have sacrificed so much to achieve,” Holder told the National Urban League’s annual conference. He wasn’t exaggerating the stakes. From the moment the Supreme Court threw out Section 4 of the act, which subjected the voting laws in states and jurisdictions with a history of discrimination to Justice Department scrutiny, conservative legislators in those places gleefully signaled their intention to pass laws to make it harder to vote. In addition, Texas reimposed a redistricting map that a federal court had already ruled was discriminatory. These hasty moves were unseemly but entirely predictable, proving that Chief Justice John Roberts’s opinion in the case will become a Magna Carta for voter suppression. Without having to worry about “pre-clearance” from the Justice Department, legislators can go about their business of making it more difficult for voters who would throw them out of office to reach the polls — and of drawing racially gerrymandered districts that prolong their tenure. Justice Ruth Bader Ginsburg understood a logic here that escaped Roberts. “A governing political coalition,” she wrote in her dissent, “has an incentive to prevent changes in the existing balance of voting power.”

Editorials: On Voting Rights, Time To Mess With Texas | The New Yorker

The same day, last month, that the Supreme Court struck down a key section of the Voting Rights Act, Texas Attorney General Greg Abbott declared that Texas laws that had been stopped by the Act—because courts found them to be discriminatory—would immediately go into effect. On Friday, Attorney General Eric Holder struck back. In the color-blind wish-world of Chief Justice Roberts and his four conservative colleagues on the Supreme Court, Jim Crow-era restrictions on minority voting represent a sad, historical curiosity, unrelated to modern reality. Surveying the landscape from their marble aerie, these five Justices decided in Shelby County v. Holder that requiring the pre-clearance of election-law changes in certain jurisdictions, a provision of Section 4 of the Voting Rights Act, was now unconstitutional. Congress had passed the Act in 1965 in response to the broad denial of the right to vote; as recently as 2006, an overwhelming majority of Congress found that it was still necessary. The Court simply disagreed: “Nearly 50 years later, things have changed dramatically.” The majority Justices cited a newly minted “fundamental principle of equal sovereignty” of states as trumping the need to assure the equal voting rights of minorities. This is consistent with their concern for the rights of entities rather than individuals. So how did states exercise their “equal sovereignty” in response to the Court’s decision? Texas is a clear example. In 2011, the Texas Legislature had approved a state-issued photo-I.D. requirement. A Washington, D.C., court struck the law down, determining that it “imposes strict, unforgiving burdens on the poor and racial minorities in Texas.” With the Supreme Court decision, the law was unstruck and became the law of Texas. Similarly, after Texas redrew political boundaries in 2011, another court found that minority groups “provided more evidence of discriminatory intent than we have space, or need, to address here” and threw the maps out. Now, with the Supreme Court decision, Texas can draw any maps it wants and they are excluded from pre-clearance.

Editorials: The Justice Department’s voting rights gambit, and what it means | Washington Post

The Justice Department on Thursday announced that it is fighting back after the Supreme Court effectively invalidated part of the Voting Rights Act. In its first step, Justice signaled that it would support a lawsuit against Texas’s GOP-drawn redistricting plan and seek to get a federal judge to require the state to continue to obtain pre-clearance for any electoral changes — as it did before part of the VRA was struck down. Justice is also expect to sue to stop Texas’s new Voter ID law. The move is a significant one, for a few reasons. First, it signals that the Obama administration is not going to wait and cross its fingers hoping Congress will replace the VRA language that was struck down. The Supreme Court struck down the formula that determines which states and areas with a history of racial discrimination are required to gain pre-clearance for electoral changes — effectively rendering pre-clearance inoperable until a new formula is established. In its decision, the court noted that Congress can simply replace the formula with a new one.