Editorials: How a Supreme Court Defeat Could Save Voting Rights | Kiran Moodley/The Atlantic

George W. Bush said the first decision the president of the free world makes is which carpet to get in the Oval Office. When Barack Obama moved into Bush's vacated space, the carpet he chose had five quotes running around its border. They came from Theodore and Franklin Roosevelt, Abraham Lincoln, John F. Kennedy, and Martin Luther King Jr. The latter's chosen phrase was: "The arc of the moral universe is long, but it bends toward justice." Although wrongly attributed to King (the quote was actually the work of Boston preacher Theodore Parker), the message was clear. The U.S. had been through a long struggle -- from Civil War to Civil Rights, through Reconstruction and Segregation -- and America had ended up with an African American in the Oval Office. What is appealing about the story of the Civil Rights movement is its simplicity: its arc, while long, bends into a neat narrative. It can be plotted through major events that are etched into our consciousness: Brown v. Board, 1954; the Montgomery Bus Boycott, 1955; Little Rock, 1957; the Sit-Ins, 1960; the Freedom Rides, 1961; Birmingham and the March on Washington, 1963; the Civil Rights Act, 1964; and finally, Selma and the Voting Rights Act, 1965. Remember those events, remember those dates, and you're sure to pass your exam. Yet if, as widely predicted (by veteran reporter Lyle Denniston and Atlantic correspondent Andrew Cohen), the present Supreme Court strikes down section 5 of the Voting Rights Act in Shelby County v. Holder, what does that mean for the civil rights narrative? Does 1965 lose its significance? Does the arc bend away from justice?

Editorials: Roberts, Scalia and the Voting Rights Act | Christian Century

There is a wicked irony that as the United States marks the 50th anniversary of the Civil Rights Movement, the country’s highest court is edging closer to gutting one of the movement’s greatest victories. As Americans everywhere celebrate the marches, martyrs, and nonviolent courage of Civil Rights activists in Selma, Birmingham, Atlanta and elsewhere, the Supreme Court seems poised to rollback the Voting Rights Act of 1965, or at least, eviscerate key provisions that make it functional legislation. The very thing for which men and women braved snapping dogs, fire hoses, lynch mobs and murder might not exist by the time this country finishes its yearlong national commemoration of the Civil Rights Movement. It is a racist country that can whitewash its civil rights heroes with celebrations while, at the same time, uprooting one of its most important legacies. Much attention has been given to Justice Antonin Scalia’s incendiary comment framing the Voting Rights Act as legislation that perpetuates “racial entitlement.” His comment drew gasps from those listening in and even a response by Justice Sonia Sotomayor from the bench. Her insight bears repeating: Voting is not a racial entitlement.

Editorials: Voting Rights Act not a ‘racial entitlement’ | Leonard Pitts Jr./The Herald-Sun

One day, many years ago, I was working in my college bookstore when this guy walks in wearing a T-shirt. “White Power,” it said. I was chatting with a friend, Cathy Duncan, and what happened next was as smooth as if we had rehearsed it. All at once, she’s sitting on my lap or I’m sitting on hers - I can’t remember which - and that white girl gives this black guy a peck on the lips. In a loud voice she asks, “So, what time should I expect you home for dinner, honey?” Mr. White Power glares malice and retreats. Cathy and I fall over laughing. Which tells you something about how those of us who came of age in the first post- civil rights generation tended to view racism. We saw it as something we could dissipate with a laugh, a tired old thing that had bedeviled our parents, yes, but which we were beyond. We thought racism was over.

Editorials: Voting Rights Act is still needed in Texas, other states | Standard-Times

It is the misfortune of Shelby County, Ala., to challenge a key provision of the Voting Rights Act of 1965, a landmark piece of civil rights legislation, following an election when political partisans tried new, more subtle ways of suppressing minority voting participation. Voter surveys showed Republicans trailing badly among blacks and Hispanics, a gap that could potentially cost them the election, and ultimately, combined with disparate support for the Democrats among women and the young, did. Certain Republican-run jurisdictions tried a number of tactics to hold down minority voting: unnecessarily strict voter-ID laws, restrictions on early voting, bans on same-day voter registration, or understaffed or inconveniently located polling places that led to frustratingly long lines. Indeed, one Pennsylvania GOP official boasted — prematurely and mistakenly, as it turned out — that the state’s new voter-ID law had handed the election to Mitt Romney.

Editorials: Challenge to Voting Rights Act ignores reality | Donna Brazile/CNN.com

On Tuesday, President Barack Obama was at the Capitol, joining leaders of Congress to dedicate a statue in honor of the "Mother of the Civil Rights Movement," Alabama's Rosa Parks. About the same time, across the street at the Supreme Court, an Alabama lawyer was arguing that a key provision of the Voting Rights Act -- the consequence and legacy of the Civil Rights Movement -- was unnecessary and unconstitutional. The irony lies not only in the timing or juxtaposition, but the institutions. On December 1, 1955, Rosa Parks refused to give up her seat when a white bus driver ordered her to move. Twelve years earlier, the same driver had grabbed her coat sleeve and pushed her off his bus for trying to enter through the front rather than the back door. This time he said, "Well, if you don't stand up, I'm going to have to call the police and have you arrested." She replied, "You may do that." Her arrest led to a 381-day boycott of Montgomery buses by the black community. The boycott propelled the Rev. Martin Luther King Jr. to prominence as a civil rights leader. And the arrest of Parks and the boycott she inspired led to a civil law suit, Browder v. Gayle, in which the Supreme Court declared the Alabama and Montgomery laws requiring segregated buses unconstitutional. It took Congress 10 years to catch up to the Supreme Court, when it passed the Voting Rights Act in 1965.

Editorials: Voting Rights Act still necessary | Kansas City Star

The U.S. views itself as a nation progressing ever toward the ideals of justice and liberty. In many ways it’s true. The egregious violations of civil rights that kept so many from voting are sins of another era. Long gone are poll taxes and forcing black people to recite the Declaration of Independence before being given a ballot. The bodies of those who dared register minorities to vote do not wind up in a burning car. Yet these horrors did happen, and in living memory. There is danger in congratulating ourselves too readily on the progress we have made since. It tempts us to overlook what is being done today to deny those same civil rights. In the case of certain members of the Supreme Court, the attitude has ossified into a brittle arrogance. Justice Antonin Scalia called the Voting Rights Act of 1965 a "perpetuation of racial entitlement." One can almost hear the sneer of one who believes that it is he who is the victim of discrimination.

Editorials: Voting Rights Act appeal prods us to take up mantle of naivete | Leonard Pitts Jr./Houston Chronicle

One day, many years ago, I was working in my college bookstore when this guy walks in wearing a T-shirt. "White Power," it said. I was chatting with a friend, Cathy Duncan, and what happened next was as smooth as if we had rehearsed it. All at once, she's sitting on my lap or I'm sitting on hers - I can't remember which - and that white girl gives this black guy a peck on the lips. In a loud voice she asks, "So, what time should I expect you home for dinner, honey?" Mr. White Power glares malice and retreats. Cathy and I fall over laughing. Which tells you something about how those of us who came of age in the first post civil rights generation tended to view racism. We saw it as something we could dissipate with a laugh, a tired old thing that had bedeviled our parents, yes, but which we were beyond. We thought racism was over.

Editorials: How to make the Voting Rights Act work better for everyone | Bangor Daily News

Forty-eight years ago, exasperated with the persistent abuse of black voters, Congress put most of the American South in a timeout. Now the Supreme Court appears poised to end those sanctions. It shouldn’t. But that doesn’t mean the selective scrutiny applied to Southern states is necessarily fair. As the justices consider the case of Shelby County v. Holder, which was argued before the court Wednesday, they should keep in mind one goal above all others: protecting the right to vote, regardless of region or other circumstances. The Voting Rights Act of 1965 bans discriminatory voting procedures nationwide, codifying the 15th Amendment’s guarantee of the right to vote regardless “of race, color, or previous condition of servitude.” The law has stricter requirements, however, for jurisdictions with a long history of disenfranchisement.

Editorials: Voting Rights Act: Conservatives trying to have it both ways | NewsObserver.com

It’s been a week of big events in the voting rights world, and I’ve been privileged enough to witness much of it first-hand. On Wednesday, the U.S. Supreme Court heard oral arguments in Shelby County v. Holder, a case challenging the constitutionality of Section 5 of the Voting Rights Act. Even Justice Samuel Alito has acknowledged that this law is “one of the most successful statutes that Congress passed in the 20th century and one could probably go farther than that.” And earlier in the week, a three-judge panel of North Carolina state judges heard oral arguments in the case challenging the constitutionality of the state legislative and congressional redistricting plans enacted by the General Assembly in 2011. Listening to discussion of the Voting Rights Act in both cases, I was struck by contrasts between the arguments advanced by lawyers for Republicans in the North Carolina case and what the conservative justices were concerned with the Shelby case.

Editorials: Let Kentucky voters decide voting rights for former felons | The Courier-Journal

Kentucky lawmakers in the state Senate should take a cue from Thomas Vance, a retired Air Force master sergeant from Campbell County. Vance called it correctly after participating in the latest Courier-Journal Bluegrass Poll on a proposed constitutional amendment that would restore some felons voting rights after they served their full sentences. “It’s just not fair. If I did my time, that should be the end of it,” said Vance, whose views were in the majority, according to the poll conducted Feb. 19-21 by SurveyUSA. The poll found that 51 percent of 616 registered voters favored the potential amendment, while 38 percent were opposed and 11 percent were unsure. It was even close among Republicans, which split 45-45, with only those who identified themselves as “conservative” opposing it, though narrowly, 47-44. Yet Kentucky remains one of only five states that bar all felons from voting unless their rights are restored through a pardon by the governor or another agency.

Editorials: Welcome to Italy, where nobody knows what will happen next | Maria Laura Rodotá/The Observer

Last Monday, for the first time in my memory, nobody celebrated after a general election. No celebration from the Democrats, who were the projected winners but came out sore losers. Nor from the seven million voters (down from 13 million in 2008) who still chose Silvio Berlusconi and then became invisible – almost no one admits to having voted for the disgraced former prime minister. There was not even any celebration from the real winners, the militants and voters of the Movimento 5 Stelle (Five Stars? How did Italy end up with a populist party whose name sounds like a luxury hotel chain?). Without securing a parliamentary majority, it is now the leading party in the Camera dei Deputati, and the second in the senate. But, contrary to national tradition, the movement's supporters did not meet in piazzas, they did not take to the streets honking their car horns, they did not gather outside the party's headquarters opening bottles of sparkling wine. Beppe Grillo's movement voters are recession-stricken and don't find a great deal to celebrate. Also, nobody knows, or much cares, where the party headquarters are actually based.

Editorials: The threat from within — the ironic challenge to the Voting Rights Act | Rep. Terri A. Sewell/al.com

After almost 50 years of expanding and protecting voting rights, a new threat comes from an unlikely place – the U.S. Supreme Court. On Wednesday, the justices heard oral arguments in Shelby County, AL v. Holder, a case that will decide the survival of preclearance provisions of the Voting Rights Act of 1965 that require federal oversight of voting practices in 16 covered states including Alabama. The Voting Rights Act, which was passed as result of the Selma to Montgomery march, provides legal protections for individuals, primarily minorities, in states with histories of discriminatory voting practices. Since its passage in 1965, the act has been critical in ensuring that millions of our nation’s minority citizens are guaranteed the right to vote. I feel compelled to write this essay because I am deeply concerned about the erosion of voting rights that sadly still exist in our state and in this nation. Perhaps the biggest irony is that the current threat to this legislation comes from the very state (Alabama) that was the impetus for its passage almost 50 years ago.

Editorials: The “Law” of Perpetuating Racial Entitlement | Spencer Overton/Huffington Post

I attended the oral argument in the Voting Rights Act case before the U.S. Supreme Court, and I came away even more convinced that the Court should uphold the contested parts of the law. Section 5 of the Voting Rights Act requires that covered states "preclear" their proposed election law changes with federal officials. Nine states plus parts of seven others are "covered," and many of these areas are in the South. Conservatives often complain about "activist judges legislating from the bench." But some of the more conservative Justices' comments reveal that the fate of the Voting Rights Act should be a decision for Congress, not for the Court. Justice Scalia said he thinks Congress's decision in 2006 to renew Section 5 was motivated by a "perpetuation of racial entitlement." It was the kind of political screed you might hear from Rush Limbaugh. Scalia's baseless platitude could just as easily be made in the opposite direction--someone could claim Scalia wants to strike down voting protections to "perpetuate racial entitlement" whites have enjoyed for centuries. Neither assertion is appropriate in a court of law.

Editorials: The court’s conservatives seem to believe that the Voting Rights Act has outlived its purpose | Slate Magazine

If you’re trying to cure an illness, and you get better, but not entirely—say you had a high fever, but now you have the sniffles and a sore throat—does it make sense to keep taking the same medicine? What if your doctor insists? Justice Stephen Breyer offered the disease analogy Wednesday morning for racist efforts to block the power of black and Hispanic voters in the South during a sharply polarized argument—5 to 4, conservatives v. liberals—over whether Shelby County, Ala., has taken enough medicine from Section 5 of the Voting Rights Act. Congress first enacted the Voting Rights Act in 1965 to deal with massive and violent suppression of black voters in the South. The problem was so entrenched that when federal courts would strike down a discriminatory measure like a poll tax, Southern states and counties would quickly dance around the ruling, enacting new barriers such as a literacy test. So Congress armed the Voting Rights Act in two ways. The first, Section 2, bans any voting practice that discriminates on the basis of race or ethnicity. It applies uniformly, throughout the country, and it has no expiration date. To enforce it, the government, or a group or person affected by the law, has to sue—and has the burden of proof. The second part of the Voting Rights Act, Section 5, relied on data showing a pattern of discrimination at the time to create a category of “covered jurisdictions.” Congress said that for 25 years the Department of Justice had to “pre-clear” any changes to voting rules in those places, or else the state or county had to go to court for approval before the changes could go into effect. The list of covered jurisdictions included most of the South, along with a smattering of counties and cities in other states.

Editorials: Congress’s Power to Protect the Vote | NYTimes.com

The voter ID laws and other tactics that sprang up in several states last year to prevent minorities from casting their ballots offer incontestable proof of the need for strict voting rights laws. Yet at the argument on Wednesday in Shelby County v. Holder, the Supreme Court’s conservative justices left the ominous impression that they were willing to deny this reality and repudiate Congress’s power to enforce the right to vote by striking down a central provision of the Voting Rights Act of 1965. Section 5 of the Voting Rights Act requires nine states (seven of them in the South) and parts of seven others with records of extreme discrimination against minority voters to get approval from the Justice Department or a special court in Washington before they can make any changes in how they hold elections. Without this provision, there would be no way to prevent new and devious efforts by local officials to block blacks and Hispanics from voting or to reduce their electoral power. In 2006, Congress overwhelmingly reauthorized the statute. It found that these places should remain “covered” by this “preclearance” requirement because voting discrimination remained both tangible and more concentrated and persistent in them than in other parts of the country. House members from those places strongly supported the renewal: of 110 members from covered jurisdictions, 90 voted for reauthorization.

Editorials: Italian election triggers EU identity crisis | Deutsche Welle

Italy is no longer striking a "bella figura." The country's post- election chaos has shaken the very foundations of the European Union as the idea of a politically united Europe appears to suffer a blow. Rome's Colosseum appears somewhat run-down, with its enormous pillars stained gray by pollution and its basement vaults fallen down. Yet it continues to be a first-class European cultural good. Now, with the Italian capital's coffers empty, a luxury fashion company is financing the site's renovation, to the tune of 25 million euros ($33 million). These days, the monument to Rome's former greatness appears to be a reflection of Italy. Because of its financial problems and current political stand-off, Italy - among the "most European" of countries - has become the problem child of the Continent. Like the Colosseum, the highly indebted eurozone country could be dependent on external help - namely that of the European Union. The EU is hoping that the Mediterranean country will be able to get itself out of its crisis, as the EU isn't eager to take on the role of sponsor. But if the third-largest economy of the eurozone keeps tumbling, it could take the whole bloc with it. Developments in Italy, though a consolation to EU skeptics in Greece, Spain and Portugal, have placed basic assumptions into question: for example, whether Europe can be reformed, how fundamental sustainable solidarity is, and whether the political union even makes sense. Is European Union drifting apart?

Editorials: Kenya, between hope and fear | openDemocracy

Many Kenyans will go to the polls on 4 March 2013 with a sense of trepidation. Three of the country's four elections since 1992 have been accompanied by significant violence, with 2002 the exception. On each occasion politicians used local grievances over land and inequality to label supporters of rival candidates as ethnic “outsiders”. Militias were then used to force those same voters from their homes. Thousands of people were killed in violence around the 1992, 1997 and 2007 elections and tens of thousands more fled. Some of these supposed “outsiders” never returned to places where their families had lived for decades. No wonder, then, that many Kenyans see elections as something to endure rather than to celebrate. In light of this history, anyone of a nervous disposition might have hoped that this would be a straightforward election with a clear result. That looks unlikely, as on the eve of the vote the final result is too close to call. President Mwai Kibaki is retiring after two terms in office, and prime minister Raila Odinga is the frontrunner. But Odinga's lead in the opinion polls is narrow, and he will almost certainly be denied an outright majority; in that case a run-off will be held in a few weeks’ time.

Editorials: America Is One Step Closer to Neutering the Voting Rights Act | Andrew Cohen/The Atlantic

You could say that the call was made even before the polls closed. It was made with great clarity before the end of the scheduled hour of oral argument at the United States Supreme Court in Shelby County v. Holderby the folks at Scotusblog, the most popular and prestigious website covering the Court. It was presented in 140 characters or less to the world in the form of a Tweet: "Update from argument: VRA Sec 5 almost sure to be invalidated 5-4. Congress will have to reconsider the preclearance formula." There are some instances where oral argument is useless in determining how a case will turn out. This does not figure to be one of those times. There look to be five votes to strike down the section of the law that requires officials in some jurisdictions to prove to the satisfaction of federal officials that their voting laws and redistricting rules do not discriminate against minority voters. We can be reasonably certain about this not just because of the questions and the answers offered up Wednesday but also because of the history of the Roberts Court and the Voting Rights Act. Chief Justice John Roberts, who campaigned against the law 30 years ago as a young Justice Department official, isn't going to save the statute the way he saved the Affordable Care Act last June. Justice Clarence Thomas declared four years ago that it had to go. Justice Antonin Scalia on Wednesday declared the most successful anti-discrimination law in American history the perpetuation of a "racial entitlement." Justice Samuel Alito echoed on Wednesday many of the same concerns he expressed during argument four years ago in a Section 5 case out of Texas. That's four votes. The fifth would be Justice Anthony Kennedy, the least conservative of the five Republican appointees. Lyle Denniston, a reporter who has daily covered the Supreme Court since before the passage of the 1965 law, wrote Wednesday of some wiggle room he perceived in a comment Justice Kennedy made about how the plaintiff in the case -- Shelby County, Alabama -- may not be in proper position to challenge Section 5 (or the preclearance coverage formula of Section 4) because of its past record of voting discrimination.

Editorials: Argument recap: Voting law in peril — maybe | SCOTUSblog

Sometimes, in a Supreme Court argument, a single phrase can speak volumes.  Justice Anthony M. Kennedy, the one member of the Court who bore the most watching because the other eight seemed clearly to divide evenly, used the phrase “trusteeship of the United States government” as a shorthand way to describe how he views the regime set up by the Voting Rights Act of 1965 works.  Of course, he meant it as a denunciation. If Kennedy believes that there is no way to justify any longer that kind of oversight of nine states that have to do the most to obey the 1965 law, that law may well be doomed.   But it also was Kennedy who left the impression that he might be willing to go along with a potential way to short-circuit the case of Shelby County v. Holder, and allow the law to survive for some time more. The argument Wednesday in one of the most important cases of the Court’s current Term — a hearing that ran seventeen minutes longer than the allotted hour — left no doubt that four of the Justices (and maybe Kennedy with them) are just as troubled as they were four years ago when they last lambasted the selective enforcement approach mandated by history’s most successful civil rights law.  Equally, there was no doubt that four Justices — including the two newest members — were prepared to let Congress have its way with the twenty-five-year extension of the law.

Editorials: The Voting Rights Act’s work isn’t finished | The Washington Post

The 1965 Voting Rights Act remains one of this country’s foremost accomplishments. Constitutional amendments following the Civil War barred states and localities from abridging the right to vote on the basis of race, yet for the better part of a century, white racists managed to stay a step ahead of the federal government’s enforcement of these protections. The Voting Rights Act was designed to stamp out the varied and shifting strategies local officials used to prevent African Americans from voting. On Wednesday the Supreme Court will consider whether the Voting Rights Act has worked so well that its toughest rules have now outlived their time. Provisions of the act require certain states and localities with a history of discrimination to clear any proposed change in voting rules with the federal government. Shelby County, Alabama, claims that immense progress since 1965 in rooting out official discrimination renders pre-clearance an unwarranted burden on those jurisdictions that must comply, unjustifiably subjecting some states to unequal treatment and violating their constitutional prerogative to regulate elections within their borders.

Editorials: Supreme Court should uphold Voting Rights Act | Baltimore Sun

Much has changed in America since the Voting Rights Act of 1965 was first approved, and we can't blame those living in the 16 states that must get approval from the Justice Department or a federal court in order to revise their election laws for feeling the weight of history. The Deep South of the 21st century is not the same as the days of poll taxes, literacy tests and assassinated civil rights leaders. But how different is it today from seven years ago? That's when Congress last renewed one of this country's most important pieces of civil rights legislation — including the section that places this burden of proof on states with long histories of suppressing minority voters. It wasn't even close, nor was it partisan. The House and Senate voted 390 to 33 and 98 to 0, respectively, to extend the law by another 25 years, the fourth extension since 1965. More than anything else, that fact should weigh heavily as the Supreme Court on Wednesday considers the case brought by Shelby County, Ala., where officials regard the pre-clearance requirement as an unconstitutional burden. Courts have upheld the Voting Rights Act numerous times over the years (including in the Shelby case), so surely such an argument must turn on the claim that the basic patterns of life in places like Alabama have changed completely. Yet couldn't the Congress of 2006 somehow have picked up on that?

Editorials: Italy’s election leaves country — and eurozone — on financial high-wire | Louise Cooper/CNN

Brilliant minds across the financial world are still trying to work out the implications of the Italian election result. For the time being, the best answer is that it is probably too soon to tell. After Tuesday's falls, a little stability has returned to markets, possibly because everyone is still trying to work out what to think. Credit ratings agency Moody's has warned the election result is negative for Italy -- and also negative for other indebted eurozone states. It fears political uncertainty will continue and warns of a "deterioration in the country's economic prospects or difficulties in implementing reform," the agency said. For the rest of the eurozone, the result risks "reigniting the euro debt crisis." Madrid must be looking to Italy with trepidation. If investors decide that Italy is looking risky again and back off from buying its debt, then Spain will be drawn into the firing line too.

Editorials: The Roberts Court vs. Voting Rights | David Cole/New York Review of Books

What happens when a Supreme Court ostensibly committed to judicial restraint confronts a long-standing civil rights statute that offends its conservative majority’s sense that law should be colorblind, even if the world is not? That question will be front and center when the Court hears arguments Wednesday in Shelby County v. Holder, a case challenging the constitutionality of a central provision of the 1965 Voting Rights Act. The provision, known as Section 5, requires nine states, mostly in the South, and select jurisdictions in seven other states, to obtain federal approval for any change in their voting laws. Congress concluded that this was necessary to ensure equal opportunity in voting. But conservatives in some of the southern states have long complained that the law gives the federal government too much power, and now, Shelby County—a largely white suburb of Birmingham, Alabama found guilty of racial discrimination in voting as recently as 2008—has sued the US government to get it annulled. If the Supreme Court majority exercises restraint, it will acknowledge that Section 5 falls within Congress’s constitutionally assigned authority to enforce rights of equal protection and voting. But if the Court chooses to impose its own view of racial justice—according to which laws should be drafted without regard to race, even if race-conscious efforts are needed to forestall discrimination—it will invalidate a core part of one of the country’s signal civil rights laws. The Court has frequently reviewed the Voting Rights Act since its initial enactment, and has until now always upheld it. But this time around, the result could well be different. It shouldn’t be.

Editorials: Who controls Voting Rights? | Richard L. Hasen/The Great Debate (Reuters)

On Wednesday the Supreme Court is set to hear oral arguments in Shelby County v. Holder,challenging the constitutionality of a key part of the Voting Rights Act. But in the wide public debate about this case, we are getting to the point where — as election law scholar Pam Karlanhas noted — everything has been said, but not necessarily by everybody. In addition to this Reuters symposium on “If the Court Strikes Down Section 5,” other symposia, commentaries and op-edshave considered whether the act still serves a vital purpose; whether the court should strike it down; and what should replace it if the court rules that Congress went too far in requiring certain states to continue to get federal permission when making changes in any voting rules until 2031. Even President Barack Obama has weighed in, urging the court to keep the act in place. He said the best way to protect voting rights is by having the federal government review voting changes before they can be implemented, to ensure that changes don’t make protected minority groups worse off. So it is worth taking a step back to look at the larger question of why this is a decision for the Supreme Court to make and not the political branches. After all, even back in 1965, Section 5 was “strong medicine.”

Editorials: Judging the Voting Rights Act – The Supreme Court should not substitute its judgment for Congress’ on voting rights | Los Angeles Times

Rightly regarded as one of the most lustrous legacies of the civil rights movement, the Voting Rights Act of 1965 outlaws discrimination in voting nationwide, but it also requires that states with a history of denying minorities the right to vote obtain the approval of a federal court or the U.S. Justice Department before changing election procedures. This "preclearance" provision, contained in Section 5 of the act, has been repeatedly reauthorized by Congress — most recently in 2006, when it was extended for another 25 years by margins of 390 to 33 in the House and 98 to 0 in the Senate. Between 1982 and 2006, the Justice Department used the preclearance process to block the enforcement of more than 2,400 voting changes on the grounds that they would undermine minority voting rights. Yet this proven protection may be on constitutional life support. On Wednesday, the Supreme Court will hear arguments in a case from Alabama that challenges Section 5 and the formula by which nine states, mostly in the South, and parts of seven others (including California) are required to obtain preclearance when they redraw district lines, modify registration procedures or change any other practice that might disadvantage minority voters. Supporters of the Voting Rights Act fear that conservative members of the court — and perhaps not only conservatives — are poised to rule that the law violates the prerogatives of states that no longer practice the sort of blatant discrimination that inspired the original legislation.

Editorials: Alaska state leaders prefer cooked map to protecting Native voters | Shannyn Moore/Anchorage Daily News

The federal Voting Rights Act goes on trial this week. It was enacted in 1965, because some people were working really hard so some other people couldn't vote (that's a nice way to say they were "racists"). The federal government finally agreed to make sure that everyone with a constitutional right to vote would be allowed to vote, despite the bigots running state and local governments. In 1975, Alaska's congressional delegation ensured that we were added to the list of states protected -- because Alaska Native voters who didn't speak or read English were being disenfranchised. Again, in 2006 under Republican rule, the Voting Rights Act was re-authorized by Congress to cover Alaska. Twenty languages spoken by First Alaskans were excluded from the ballot or voting information. Now Shelby County, Ala., is suing to get out from under federal oversight of voting rights. It beat Alaska to the punch. There's also an Alaska vs. Holder suit pending, filed in August. Our state's case, which has been stayed, will rise or fall with the decision of the Supreme Court in Shelby vs. Holder.

Editorials: The ‘politics of consensus’ in Nepal | openDemocracy

The phrase, ‘politics of consensus’ (PoC) may sound extremely positive. But it is rarely practiced in current competitive democratic systems throughout the world. In Nepal, it is regarded as a mantra relied upon to resolve the current political crisis. The ‘politics of consensus’ has therefore become both a panacea and a practise riven with contradictions, especially in those localities where consensus is undermined by one of the core values of democracy: ‘majority rule’. This is all the more problematic because of the constitutional vacuum, due to the dissolution of Constituent Assembly (CA) in June 2012, and subsequent problems in power sharing between the political parties. The idea of a PoC was initiated in 2006 in the Comprehensive Peace Accord (CPA) between former rebel-Unified Communist Party of Nepal-Maoist (UCPN-M, hereafter Maoists)  - and the government of the Seven Party Alliance (SPA), to end a decade long civil war. The preamble of Nepal’s Interim Constitution 2007 clearly stated that PoC is one of the core values binding political parties to work together to reconstruct a new Nepal. This is an attempt to circumvent confrontation between parties when it came to re-building a new peaceful and prosperous Nepal, irrespective of divided political ideologies.

Editorials: Voting Rights Act Case Pits the Rights of Humans Against the ‘Sovereignty’ of States | Garrett Epps/The Atlantic

Shelby County v. Holder,  the Voting Rights Act case the Supreme Court will hear Wednesday, is a peculiar case.  Its oddity is this: no one on either side contests that Congress has the power to enact a provision like § 5, the provision at issue here. And no one on either side questions that § 5 does what it was designed to do: keep the ballot box and the political process open to formerly excluded minority voters.  The Act, in other words, isn't broken.  Nonetheless, argue the plaintiffs, this key provision must be scrapped. To understand why, consider this sentence from the Petitioners' Brief filed on behalf of Shelby County, Alabama: "determining whether the formula is rational in practice is not a substitute for testing it in theory." "The formula" is the heart of § 5, the so-called "preclearance" provision of the Act.  As devised by Congress in 1965, the Act imposes a special requirement on states or parts of states that met two conditions during the 1964 election cycle. First, those jurisdictions employed a "test or device" for voting that had been shown to lead to racial exclusion from the vote; and, second, less than 50 percent of the eligible voters actually voted that year.

Editorials: Section 5: Making sure race is considered | Janai S. Nelson/The Great Debate (Reuters)

The Voting Rights Act has worked for almost 50 years to remove racial discrimination from the electoral process and prevent its return. Wednesday the U.S. Supreme Court is expected to hear oral argument on the constitutionality of Section 5, one of the act’s most powerful provisions. Section 5’s work is done, this argument goes, and the provision has outlived its usefulness. Yet some of Section 5’s most important work lies beyond its technical application. Section 5 requires that jurisdictions with a documented history of racial discrimination in voting seek federal approval for any voting changes. The aim is to ensure that new voting laws will not “retrogress” — or harm — minority voting rights. It subtly and constructively inserts race into electoral decision-making — creating a race consciousness among decision-makers that can often preempt discrimination. This deterrent effect, and its impact on the discourse of race in elections, may be Section 5’s most important — and unfinished — work.

Editorials: Push to overturn Voting Rights Act tied to GOP voter suppression efforts | MSNBC

The Washington D.C. lawyer representing the Alabama county that wants to strike down the heart of the most effective civil-rights law in historyspecialize in cases aimed at making voting harder for minorities. William Consovoy also last year argued on behalf of Republican officials in Florida and Ohio, who in both cases were seeking to significantly reduce the days allotted for early voting, which blacks take advantage of more than whites. Consovoy, a former clerk for Justice Clarence Thomas, is a partner at Wiley Rein, a Washington, D.C., law firm that bills itself as the best in the country for election law. Bert Rein, one of the firm’s principals, also is listed on court documents as representing the plaintiffs. The Supreme Court will begin hearing arguments in Shelby County v. Holder Wednesday. And the involvement of Consovoy and Rein in the case, which challenges the constitutionality of a key part of the Voting Rights Act (VRA), underlines the extent to which it’s a product of the broader partisan voter suppression campaign pushed by Republicans last year in a failed attempt to defeat President Obama.