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If the Supreme Court strikes down or otherwise guts a centerpiece of the Voting Rights Act, there will be far less scrutiny of thousands of decisions each year about redrawing district lines, moving or closing polling places, changing voting hours or imposing voter identification requirements in areas that have a history of disenfranchising minority voters, voting law experts say. A close look at the law demonstrates how a series of seemingly technical details amount to what is essentially a safeguard against violations in those states and regions covered by the law — most of which are in the South. It also shows how that very bulwark comes at the cost of sharply tilting the playing field against those areas in ways that several conservative-leaning Supreme Court justices expressed alarm about during arguments on Wednesday. The legal issue turns on two main parts of the act: Section Five, which covers jurisdictions with a history of discrimination, and Section Two, which covers the entire country. Both sections outlaw rules that intentionally discriminate against or otherwise disproportionately harm minority voters. Section Two would remain in effect even if the court strikes down Section Five. But reliance only on Section Two would mean a crucial difference in how hard it may be to block a change in voting rules in an area that is currently covered by Section Five. Those jurisdictions, because of their history of discrimination, must prove that any proposed change would not make minority voters worse off.

National: In Voting Rights, Scalia Sees a “Racial Entitlement” | The New Yorker

Justice Antonin Scalia, during oral arguments at the Supreme Court on Wednesday, said that the Court had to rescue Congress from the trap of being afraid to vote against a “racial entitlement”—the “entitlement” in question being the Voting Rights Act. (“Even the name of it is wonderful: the Voting Rights Act. Who is going to vote against that in the future?”) Scalia said that not alone but, it appears, with four other votes for overturning a key part of the act: Section Five, which relies on a combination of history and recent bad behavior to designate certain states and jurisdictions as having to get “pre-clearance” from the Department of Justice or from a federal court before they, say, abruptly change voting hours or redraw districts or change their voter-I.D. requirements. Most of them are in the South, but not all of them are. The Court’s conservatives seem to think this is terribly unfair. “Is it the government’s submission that the citizens in the South are more racist than citizens in the North?” Chief Justice John Roberts asked. “But if — if Alabama wants to have monuments to the heroes of the Civil Rights Movement,” Justice Anthony Kennedy, the swing vote, asked, would it be “better off doing that if it’s an own independent sovereign or if it’s under the trusteeship of the United States Government?” Is the idea that statues are only going up now because people are looking, or that the Voting Rights Act is nothing but a monument?

National: In voting-rights case, liberal justices pitch to Kennedy | Reuters

Barely a minute into a U.S. Supreme Court hearing, liberal justices began a strategic barrage of questions that came down to this: Why should a time-honored plank of the 1965 Voting Rights Act be invalidated in a case from Alabama with its history of racial discrimination? What followed constituted a classic example of how justices can try to use oral arguments to dramatic effect and influence a swing vote justice. Key players were Elena Kagan and Sonia Sotomayor, appointees of President Barack Obama and the newest members of the bench. The likely target of their remarks: Anthony Kennedy, a conservative who is often the decisive fifth vote on racial dilemmas. "Think about this state that you're representing," Elena Kagan told the lawyer arguing against the law on Wednesday. "It's about a quarter black, but Alabama has no black statewide elected officials." Focusing on Shelby County, Alabama, the southern locale that brought the case, Sotomayor asked, "Why would we vote in favor of a county whose record is the epitome of what caused the passage of this law to start with?"

National: 5 takeaways from the Voting Rights Act arguments | Politico.com

For backers of the Voting Rights Act, Wednesday was a gloomy day at the Supreme Court. The court’s five Republican-appointed justices seemed to be leaning strongly toward a ruling striking down a provision in the 1965 law that has been a key tool for the federal government to block redistricting plans and changes to voting procedures that could interfere with or dilute minority voting. The pre-clearance process that was the subject of oral arguments before the justices applies in most or all of nine states and portions of seven others. The fact that provision applies to some parts of the country and not others was the focus of much of the jousting in court. The best many supporters of the law could muster to retain hope about the court’s ruling was that just four years ago the law defied expectations and survived intact when the justices used a kind of end-run to avoid upending the landmark civil rights statute.

National: Conservative Justices Voice Skepticism on Voting Law | NYTimes.com

A central provision of the Voting Rights Act of 1965 may be in peril, judging from tough questioning on Wednesday from the Supreme Court’s more conservative members. Justice Antonin Scalia called the provision, which requires nine states, mostly in the South, to get federal permission before changing voting procedures, a “perpetuation of racial entitlement.” Chief Justice John G. Roberts Jr. asked a skeptical question about whether people in the South are more racist than those in the North. Justice Anthony M. Kennedy asked how much longer Alabama must live “under the trusteeship of the United States government.” The court’s more liberal members, citing data and history, said Congress remained entitled to make the judgment that the provision was still needed in the covered jurisdictions. “It’s an old disease,” Justice Stephen G. Breyer said of efforts to thwart minority voting. “It’s gotten a lot better. A lot better. But it’s still there.” Four of the nine-member court’s five more conservative members asked largely skeptical questions about the law. The fifth, Justice Clarence Thomas, did not ask a question, as is typical.

National: Supreme Court Likely to Strike Down the Voting Rights Act’s Section 5 | The Daily Beast

Will the Supreme Court strike down what President Lyndon Johnson called “one of the most monumental laws in the entire history of American freedom”? That is the question before the justices on Wednesday, when they will hear a challenge to the constitutionality of a key provision of the Voting Rights Act. Enacted in 1965, it was designed to end, once and for all, the long, ugly history of racial discrimination in voting in America. The law, widely recognized as a remarkable success, was reauthorized in 2006 in a near-unanimous vote in Congress. As Americans have come to recognize, however, the only votes that really matter are those of the justices of the Supreme Court. And there’s every reason to suspect that five justices will vote to strike down one of the law’s most important provisions. That provision is known as “Section 5,” and it requires jurisdictions with a history of racial discrimination in voting to obtain the approval of the Department of Justice or a special court in Washington, D.C., before adopting any change in their voting rules. If one of these covered jurisdictions wants to move away from single-member districts to an at-large election, as several tried to do to reduce the voting strength of racial minorities, or change the voting hours, that change has to be “precleared” before going into effect.

National: Key provisions of Voting Rights Act appear in jeopardy after high court argument | NBC

Central parts of an election law dating back to the civil rights struggles of the 1960s, the Voting Rights Act, appeared to be in jeopardy Wednesday after the Supreme Court heard oral arguments in a challenge to them. NBC’s Pete Williams reported after the oral argument, “I think it’s a safe prediction to say that the Voting Rights Act, as it now stands, is not going to survive. The question is: how far will the Supreme Court go in striking parts of it down?” Williams said what seemed to concern a majority of the justices was “the fact that the law is too backward looking.” The justices were weighing an appeal from Shelby County, Ala., asking the court to find that Congress exceeded its power when it renewed the two key sections of the law in 2006. Under Section 5 of the law, nine states, mostly in the South, but also including Alaska and Arizona, as well as dozens of counties, townships, cities, and elected boards in other states, must get permission, or “preclearance,” from the Justice Department or a federal court in Washington for any change in voting procedures, no matter how small, that they seek to make.

National: What’s at Stake in the Voting Rights Act Battle | The Atlantic

As the Supreme Court prepares to hear arguments in a case challenging the Voting Rights Act of 1968, civil rights advocates are rising to support the anti-discriminatory law. But why? This hardly the first time that the 45-year-old law has been challenged. It's been just four years since the country's highest court stopped just short of striking down the Voting Rights Act altogether, choosing instead to make a decision on narrow grounds. On Wednesday, the justices will get a second chance in the case of Shelby County v. Holder — Shelby County is in Alabama — which seeks to determine if Congress overstepped its authority when it passed the 25-year-long renewal of the Voting Rights Act passed by Congress is 2006. In other words, the case should decide whether or not the Voting Rights Act is constitutional. This is a big deal for a lot of people.

National: Supreme Court to weigh ongoing validity of voting rights law | Reuters

The Supreme Court on Wednesday will consider whether to strike down a key provision of a federal law designed to protect minority voters. During the one-hour oral argument, the nine justices will hear the claim made by officials from Shelby County, Alabama, that Section 5 of the Voting Rights Act is no longer needed. The key issue is whether Congress has the authority under the 15th Amendment, which gave African Americans the right to vote, to require some states, mainly in the South, to show that any proposed election-law change would not discriminate against minority voters. Conservative activists and local officials in some jurisdictions covered by the provision have long complained about it, saying that it is an unacceptable infringement on state sovereignty.

National: Voting Rights Act: Is major portion outdated? Supreme Court to hear arguments | CSMonitor.com

It is recognized as the most powerful and effective civil rights law in American history. So why is the US Supreme Court being asked to declare a major portion of the landmark Voting Rights Act of 1965 unconstitutional? On Wednesday, the high court is set to take up a legal challenge filed on behalf of Alabama’s Shelby County, alleging that Congress overstepped its authority when it voted overwhelmingly in 2006 to reauthorize Section 5 of the Voting Rights Act (VRA) for 25 years. At issue in the case, Shelby County v. Eric Holder (12-96), is a section of the law that gives the federal government extraordinary power to prevent state and local governments from discriminating against minority voters by undercutting their political clout in elections. In 1965, when the VRA was first enacted, many states, particularly in the Deep South, were actively working to prevent black and other minority voters from effectively exercising their right to vote. They had done it for decades through threats of violence, poll taxes, and literacy tests. Congress outlawed those blatant tactics, but the discrimination continued in more creative and subtle ways.

National: Supreme Court raises doubts about Voting Rights Act | USAToday

Conservative justices who hold a slim majority on the Supreme Court expressed grave doubts Wednesday that the landmark Voting Rights Act of 1965 — the crowning achievement of the civil rights movement — remains constitutional nearly a half century later. The justices who could be the swing votes in an eventual ruling suggested that an outdated formula built into the law now discriminates against the South, much as Southern states discriminated against black voters by erecting barriers such as poll taxes and literacy tests. "Is it the government's submission that the citizens in the South are more racist than the citizens in the North?" Chief Justice John Roberts asked Solicitor General Donald Verrilli, who argued that the law should remain intact. Roberts noted that Massachusetts has the worst black turnout in elections when compared with whites — and Mississippi the best. Although the more liberal justices defended Section 5 of the law, which requires all or parts of 16 states to clear any voting changes with the federal government, at times the die appeared cast inside the marble courtroom. That could mean a decision by June rendering that provision unconstitutional or sending it back to Congress.

National: Supreme Court to take key voting rights case | Washington Times

February 27, 2013

The Supreme Court this week will take up a potentially landmark case that could end almost five decades of Justice Department intervention that gives the federal government control over voting decisions in states and localities with a history of discrimination. Shelby County, Ala., is challenging a key provision in the 1965 Voting Rights Act that requires all or parts of 16 states with a history of discrimination in voting to get federal approval before making any changes in the way they hold elections. If successful, the challenge, which the high court will hear Wednesday, would strike down a major legislative tenant of President Lyndon Johnson’s civil rights legacy — though it’s one many argue is outdated and unnecessary.

National: Defeating Voting Rights Act Would Give Conservatives A Big Win | TPM

February 27, 2013

When the Supreme Court hears oral arguments Wednesday on the Voting Rights Act, opponents will argue that a centerpiece of the law aimed at letting the federal government proactively thwart attempts at voter discrimination has outlived its validity. “The only reason Section 5 was originally justified and upheld by the courts was because of Jim Crow — the unusual circumstances at the time in terms of voter disenfranchisement,” Ilya Shapiro, the editor-in-chief of the Cato Supreme Court Review who filed an amicus brief in the case, told TPM. “I don’t think there’s a way to justify Section 5 anymore.” Section 5 of the Voting Rights Act requires state and local governments across 16 states — mostly in the South — to seek preclearance from the Justice Department or a federal court before making any changes to their laws which affect voting. Shapiro said the point of the lawsuit is that residents in each of the covered jurisdictions are being treated unfairly.

National: Will the Supreme Court Lift Political Contribution Limits? | PBS

February 27, 2013

Alabama businessman and conservative activist Shaun McCutcheon donated $33,088 to 16 candidates during the 2012 election cycle, but he wanted to give much more. Had he not hit Federal Election Commission (FEC) campaign contribution limits, McCutcheon said he would have given money to a dozen more candidates and an additional $25,000 to three Republican Party political committees. Did the FEC’s rules violate his First Amendment rights? McCutcheon thought so, and took his case to a lawyer, who in turn, reached out to prominent conservative lawyer James Bopp, Jr. “As it turned out, I already represented the Republican National Committee, and it was their plan to challenge this limit,” said Bopp, who is the intellectual architect behind the landmark 2010 Citizens United case. “So we joined up together.” Last week, both McCutcheon and the RNC got some good news when the when the Supreme Court announced it would hear their case next term.

National: Messaging Ramps Up Before Key Voting Rights Case | Roll Call

February 26, 2013

A steady drumbeat of press briefings and messaging events is reaching a crescendo as the Supreme Court prepares to hear arguments Wednesday in a case that questions whether a key provision of the Voting Rights Act of 1965 is still needed. Briefing breakfasts, afternoon seminars, information sessions on the Hill and a coordinated bus campaign that mimics the Freedom Rides of the 1960s all focus on influencing the outcome of Shelby County v. Holder. “While the justices play a distinct role in our society and in our country, they’re not divorced from society at large. I can’t see how they couldn’t be influenced by what people think about their actions,” said Ellen Buchman, vice president of field operations for the Leadership Conference on Civil and Human Rights, which is planning a rally during Wednesday’s oral arguments.

National: Experts Debate Effects of Voting Rights Act Provision on Native Americans | The Blog of Legal Times

February 26, 2013

Days before the U.S. Supreme Court was set to hear arguments in Shelby County v. Holder, a case challenging the constitutionality of Section 5 of the Voting Rights Act, legal experts said they feared that striking it down would hurt Indian Country and Native American voters. Enacted in 1965 as a temporary provision, Section 5 freezes election practices or procedures in certain states and local governments, mostly in the south, until the new procedures have been subjected to review or "precleared" by the Justice Department or a federal court. Congress has since reauthorized Section 5 four times. Currently, it is set to expire in 2031. In order to make changes to their voting rules, the states in question must demonstrate that the rules do not have the purpose of discriminating — or that regardless of intent, that the new rules will not have a discriminatory effect — based on race or color, or against a “language minority group,” including persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.

National: Supreme Court considers South’s legacy and progress on voting rights | The Washington Post

At the top of the steps of Alabama’s elegant old Capitol, there’s a six-pointed bronze star marking the spot where Jefferson Davis was sworn in as president of the Confederacy. At the foot of the steps is a historical marker dedicated to black citizens who in the 1960s dared to register to vote — “a constitutional right impeded by Gov. George Wallace” — and who were met “with state-sponsored terrorism.” And somewhere beyond those two frank reminders of the past is modern-day Alabama, which may or may not be just like the rest of America. That is a question the Supreme Court will consider Wednesday. At issue is whether the guarantee of equality in Alabama, and elsewhere in the South, is the same as in the rest of the nation. The court will review — for the sixth time since passage in 1965 — Section 5 of the Voting Rights Act, which mandates that federal authorities pre-approve any changes in voting laws here and in eight other states and numerous jurisdictions with a history of discrimination. It has survived each previous time.

National: High court to hear plea to gut Voting Rights Act | The Leaf Chronicle

Iron-fisted enforcement of the 1965 Voting Rights Act transformed American politics, especially in the South, by making sure minorities had a clear path to the ballot box and an equal shot at public service. Forty-eight years later, after the re-election of an African-American president, the heart of that law is on trial. The Supreme Court will hear oral arguments Wednesday in a case that is sure to ignite a debate over how far the country has progressed on racial issues and whether minority voters still need extra protection. Shelby County, Ala., opposed by the Justice Department and civil rights groups, wants two key sections of the Voting Rights Act declared unconstitutional. Section 5 bars election officials in jurisdictions with a history of discrimination from changing their voting procedures unless they first prove the changes won’t hurt minorities. Section 4b uses a formula to determine which states, counties and municipalities are subject to Section 5. Shelby County says the provisions are outmoded and unfair to parts of the country that have transcended their discriminatory pasts.

National: Supreme Court to weigh divisive voting rights case | CNN.com

Shelby County is booming. The Birmingham suburb is lined with strip malls, subdivisions, and small factories, in what was once sleepy farmland. The population has grown fivefold since 1970 to about 200,000. Change in this bedroom community is afoot, at least on the surface. But the federal government thinks an underlying threat of discrimination remains throughout Alabama and other parts of the country in perhaps the most hard-fought franchise in the Constitution: The right to vote. Competing voices in this county, echoes of decades-long debates over equal access to the polls, now spill out in a 21st century fight, one that has reached the U.S. Supreme Court.

National: Voting Rights Act faces Supreme Court challenge | CBS News

When he signed the federal Voting Rights Act on August 6, 1965, President Lyndon Johnson did not rely on understatement to express the significance of the legislation. "Today is a triumph for freedom as huge as any victory that ever been won a on any battlefield," Johnson told members of Congress and dignitaries assembled in the Capitol's rotunda. Standing beneath a large painting of the British surrender to George Washington at the Revolutionary War battle of Yorktown, and flanked by a statue of Abraham Lincoln, Johnson harkened back 350 years to the arrival of the first African-Americans at colonial Jamestown, Virginia, "in darkness and chains" as slaves. "Today, we strike away the last major shackle of those fierce and ancient bonds," Johnson said. "Millions of Americans are denied the right to vote because of their color. This law will ensure them the right to vote."

National: States Take Sides As Court Revisits Voting Rights Act | NPR

The U.S. Supreme Court hears arguments next week in a case that tests the constitutionality of the 1965 Voting Rights Act, the law considered the most effective civil rights statute in American history. At issue is whether a key provision of the statute has outlived its usefulness. A staggering 49 friend of the court briefs have been filed, among them briefs from 11 states urging the court to either strike down or uphold the law. What is intriguing is that some of the states now arguing against the law were not troubled by its provisions just four years ago, the last time it was before the court. In 2009, a small Texas utility district challenged the so-called preclearance section of the law, which requires nine states, most of them in the South, and parts of other states like California and New York, to get advance approval from the Justice Department or a federal court in Washington before changing any voting laws or regulations. When the case got to the U.S. Supreme Court, only one state — Georgia — came out clearly against the law, claiming that the provision was unconstitutional. Alabama filed a brief echoing part but not all of Georgia's arguments. Both emphasized that their respective states have changed dramatically since 1965, and asked the court to seriously consider the legality of the preclearance section, given its burden on covered states.

National: Voting Rights Act: A political twist for the South | USAToday

The Voting Rights Act that goes on trial at the Supreme Court on Wednesday has helped boost African Americans' presence in Southern legislatures. But in a twist of irony, it also has contributed to their loss of political clout. Since its passage in 1965, the law's Section 5 has forced states with a history of racial discrimination to clear changes in voting procedures with the federal government. The Justice Department, in turn, has insisted that drawing district lines is one of those procedures – one that should give blacks and other minorities ample opportunity to elect their preferred candidates. That has led to the creation of so-called majority-minority election districts dominated by blacks or Hispanics, nearly all of them Democrats. Achieving that goal, however, has required the simultaneous creation of more heavily white, Republican districts in surrounding areas.

National: Can escape clause save voting rights provision? | Washington Examiner

The Obama administration and civil rights groups are defending a key section of the landmark voting rights law at the Supreme Court by pointing reformed state, county and local governments to an escape hatch from the law's strictest provision. The Voting Rights Act effectively attacked persistent discrimination at the polls by keeping close watch, when it comes to holding elections, on those places with a history of preventing minorities from voting. Any changes, from moving a polling place to redrawing electoral districts, can't take effect without approval from the Justice Department or federal judges in Washington. But the Voting Rights Act allows governments that have changed their ways to get out from under this humbling need to get permission through a "bailout provision." Nearly 250 counties and local jurisdictions have done so; thousands more could be eligible based on the absence of recent discriminatory efforts in voting. The viability of the bailout option could play an outsized role in the Supreme Court's consideration of the voting rights law's prior approval provision, although four years ago, conservative Justice Clarence Thomas said the prospect of bailing out had been "no more than a mirage."

National: Could Online Oscar Voting Lead to Online Public Elections? | Government Technology

If online voting is good enough for the Oscars, why isn’t it good enough for public elections? A panel of experts assembled on Feb. 14 to consider whether the Academy of Motion Picture Arts and Sciences’ decision to capture votes online for this year’s Oscars means that technology has matured to the point where public elections can be held online. According to an article in The Hollywood Reporter, voting to determine who would receive a nomination for an Academy Award began Dec. 17 and ended Jan. 3. While a majority of Academy members registered to take advantage of the online voting option, the process was not without its snags. Many confessed to password trouble, while others worried about hackers jeopardizing voter intent. … David Jefferson, a computer scientist at Lawrence Livermore National Laboratory and chairman of the board for the nonprofit Verified Voting, outlined several major differences between private elections, like those conducted for the Academy Awards, and public elections. Public elections, Jefferson said, inherently have much higher standards for security, privacy and transparency. “Just because this works for private elections or is useful for private elections, we don’t want people thinking … it is appropriate for public elections.”

National: Voting Rights Act faces key test in Supreme Court | Los Angeles Times

The Supreme Court will take up a case from Alabama next week to decide whether to strike down a key part of the Voting Rights Act of 1965, a landmark measure that made voting a reality for blacks in the South and won extension by a near-unanimous vote from Congress in 2006. Critics on the right agree the law was a success, but they contend it is now outdated and unfair to the South. They also say it is used mostly as a way to force states to draw electoral districts that favor black or Latino candidates. But liberal legal scholars have urged the justices to step back and pay attention to the history of the Reconstruction era. They are pointedly addressing the conservatives, led by Justice Antonin Scalia, who say the court should follow the actual words and original understanding of the Constitution. The 15th Amendment, added in 1870, says the right to vote "shall not be abridged or denied … on account of race" and "Congress shall have the power to enforce this article by appropriate legislation."

National: How The Voting Rights Act, Now In Danger, Came To Pass And Shaped History | TPM

On March 15, 1965, a week after Alabama state troopers brutally attacked civil rights protesters in Selma, President Lyndon Johnson delivered a stirring speech to a joint session of Congress introducing a bill to end voter discrimination against blacks. The law that it gave birth to, the Voting Rights Act, now hangs in the balance, with oral arguments next week before the Supreme Court. Five conservative justices are skeptical that a centerpiece of the nearly-half-century-old law is constitutional. “I speak tonight for the dignity of man and the destiny of democracy,” Johnson said that night, nearly half a century ago. “A century has passed, more than a hundred years, since equality was promised. And yet the Negro is not equal. A century has passed since the day of promise. And the promise is unkept. The time of justice has now come.” Days later, he submitted legislation to Congress aimed at taking stringent, unprecedented steps to end voter discrimination and disenfranchisement. As Congress took it up, opponents rebelled. “I said it was worse than the Thaddeus Stevens legislation during Reconstruction, sir, and it is,” said Leander Perez, a pro-segregation Louisianan, at a subsequent Senate hearing. “It is the most nefarious — it is inconceivable that Americans would do that to Americans.”

National: Obama: Voting Rights Act Provision Should Be Kept | Huffington Post