Editorials: Voting rights: Americans died for it, the free world admires it, the Supreme Court should preserve it | Brent Budowsky/The Hill
Supreme Court Justice Anthony Kennedy recently made an important and wise comment when he said that with gridlock plaguing our political system, “A democracy should not be dependent for its major decisions on what nine unelected people from a narrow legal background have to say.” Considering the controversial history of recent Supreme Court decisions regarding elections, and the pending case regarding the Voting Rights Act, the nine unelected justices should uphold the Voting Rights Act, which was not passed under gridlock but was passed by overwhelming majorities of both parties, in both the House and Senate, including those representing states covered by the act. In my view the act should be upheld, period. For conservative justices who might be inclined to overturn the act or Section 5 of the act, I would suggest they consider that this would violate the conservative principle against extreme judicial activism. It would violate the conservative principle of avoiding political decisions. It would violate the conservative principle against the unelected judicial branch negating overwhelming agreement of the elected executive and legislative branches, which have substantially more expertise regarding free elections than those of “narrow legal background.”