One year ago, maybe even six months ago, conventional wisdom had it that a key provision of the Voting Rights Act was in jeopardy, susceptible to another aggressive ruling by a very conservative United States Supreme Court. The five Republican-appointed justices would rule, the theory went, that there was no longer a need for local lawmakers to “pre-clear” voting laws or gerrymanders with federal officials, because Section 5 of the Voting Rights Act had been so successful since its implementation that it was no longer necessary to protect minority rights. Justice Clarence Thomas, a black man who grew up in Georgia, one of the states “covered” by the Voting Rights Act because of its long history of racial discrimination, said so himself just a few years ago. In Northwest Austin Municipal Utility District v. Holder. a 2009 decision in which the Court uneasily upheld the Voting Rights Act, Justice Thomas declared, as the lone dissenter, that: “The extensive pattern of discrimination that led the Court to previously uphold §5 as enforcing the Fifteenth Amendment no longer exists. Covered jurisdictions are not now engaged in a systematic campaign to deny black citizens access to the ballot through intimidation and violence. And the days of “grandfather clauses, property qualifications, ‘good character’ tests, and the requirement that registrants ‘understand’ or ‘interpret’ certain matter,” are gone. There is thus currently no concerted effort in these jurisdictions to engage in the “unremitting and ingenious defiance of the Constitution,” that served as the constitutional basis for upholding the “uncommon exercise of congressional power” embodied in §5.”
