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.”

Editorials: The Voting Rights Act Isn’t a Racial Entitlement | Politic365

“Come, listen, all you girls and boys, I’m just from Tuckahoe; I’m going to sing a little song, My name’s Jim Crow.” These are the two opening lines to a song entitled “Jump Jim Crow” made famous by a prominent minstrel actor named Thomas Dartmouth “Daddy” Rice in 1828. When Supreme Court Justice Antonin Scalia made his derogatory, insensitive comments last Wednesday about Section 5 of the Voting Rights Act from his bench, this was the first thing that popped up in my mind. What Justice Scalia and his fellow justices may need is a history lesson on why Section 5 of the Voting Rights Act was put there in the first place and why it must remain there. Scalia is known for hurling verbal bombs from his seat in the chamber, but last Wednesday he crossed the line. Under Section 5, parts of the country with histories of discriminatory election practices have to ask for preclearance from the Justice Department before making any changes to their voting rules. Scalia declared, “I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial entitlement. It’s been written about. Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes.”

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.

National: The Supreme Court could strike down part of the Voting Rights Act – Here’s what that would mean | Washington Post

In heated oral arguments Wednesday, the Supreme Court justices gave the impression that they’re ready to get rid of a key section of the Voting Rights Act. At issue is section 5, which requires the Department of Justice to issue a “preclearance” of any changes to districting or other voting laws in a number of set jurisdictions, covering most of the South but also Manhattan, Brooklyn, some counties in California and South Dakota, and towns in Michigan and New Hampshire. Justice Antonin Scalia argued that the laws had the effect of requiring racially motivated gerrymandering, amounting to the “perpetuation of a racial entitlement” on the part of black legislators and constituents benefiting from the districting. Chief Justice John Roberts agreed, asking Solicitor General Donald Verrilli, “Is it the government’s submission that the citizens of the South are more racist than the citizens of the North?”

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?

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.

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.

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.

National: Voting Rights Act In The Supreme Court’s Crosshairs | TPM

When the Supreme Court hears oral arguments next week about the constitutionality of a key element of the Voting Rights Act, the Obama administration and other proponents of the law will be facing five very skeptical justices. Shelby County v. Holder is the latest in a string of landmark cases that will shape the legacy of the Roberts Court. Proponents of the law are extremely nervous, and privately acknowledge that they face a steep uphill climb in winning over a majority of the justices. At issue is the validity of Section 5 of the landmark 1965 law designed to quash voter disenfranchisement efforts such as poll taxes and literacy tests. Section 5 requires states and municipalities with a history of racial discrimination (read: mostly in the south) to seek preclearance from the Justice Department or a federal court before making changes to their voting laws. The law was upheld in 1966 by a Supreme Court that deemed it valid to correct the “insidious and pervasive evil” of racism. The law was most recently reauthorized in 2006 by a nearly unanimous Congress, with Section 5 intact.

National: Supreme Court to weigh whether Voting Rights Act has run its course | USAToday

The murders of three young civil rights workers bent on registering black voters during 1964’s “Freedom Summer” still haunts this tiny town in central Mississippi. Jewel Rush McDonald shudders at the thought of the beatings her mother and brother endured at the hands of the Ku Klux Klan five days before the murders. Stanley Dearman bemoans the four decades it took to get even one manslaughter conviction, and only after he badgered state officials in his weekly newspaper. James Young recalls the tension of being the only black pupil in his elementary school class at the time of the murders, when poll taxes and literacy tests helped keep 95% of eligible blacks in Mississippi from voting. After dark in those days, he says, “we were told to be in the house.” But “things have changed in the South,” Supreme Court Chief Justice John Roberts said June 22, 2009, almost 45 years to the day since the murders. It was one line in the court’s most recent decision on the Voting Rights Act of 1965, and though it kept the law largely intact, Roberts warned the act’s days might be numbered.

Editorials: Will Justice Kennedy Vote for Voting Rights? | NYTimes.com

Justice Anthony Kennedy regards himself as a teacher. The main role of the Supreme Court, he has said, is to instruct Americans about the Constitution’s fundamental values so they know what it takes to preserve American democracy. In Shelby County v. Holder, which the Supreme Court will hear this month, he is likely to cast the deciding vote between the conservatives and moderate liberals in a critical choice about the essence of democracy — the right to vote. The case presents a clash between America’s national commitment to racial equality and Alabama’s contention that states have“the constitutional prerogative to regulate their own elections.” In other landmark cases, like a 2003 decision recognizing privacy rights and a 2005 case striking down the death penalty for juveniles, Justice Kennedy voted for fairness. In these instances, he was a moralist, concerned about constitutional values yet willing to balance the importance of court precedents against the weight of the most salient facts. That approach should lead him to the fair result in this case, too.

National: High court weighs new look at voting rights law | Businessweek

Three years ago, the Supreme Court warned there could be constitutional problems with a landmark civil rights law that has opened voting booths to millions of African-Americans. Now, opponents of a key part of the Voting Rights Act are asking the high court to finish off that provision. The basic question is whether state and local governments that once boasted of their racial discrimination still can be forced in the 21st century to get federal permission before making changes in the way they hold elections.

Voting Blogs: The Surprisingly Easy Case for the Constitutionality of the Voting Rights Act | CAC

The next big showdown over the constitutional powers of the federal government is nearly upon us.  When the Supreme Court reconvenes in October, the Court is widely expected to grant review in Shelby County v Holder, a constitutional challenge to Congress’ 2006 renewal of the preclearance requirement of the Voting Rights Act, one of the Act’s most important and successful provisions in preventing and deterring racial discrimination in voting. Since it was first enacted in 1965, the Voting Right Act has required jurisdictions with a history of racial discrimination in voting to get permission – “preclearance” – from the U.S. Department of Justice or a three-judge federal court in Washington D.C. before changing their  voting laws and regulations.  Recent court opinions written by judges across the ideological spectrum illustrate just how vital preclearance remains as a tool for preventing racial discrimination in voting.

Editorials: Texas’s Road To Victory in Its Decades-Long Fight Against Voting Rights | The Nation

Earlier this week, Attorney General Eric Holder declared in his address to the NAACP national convention in Houston what many voting rights advocates had been saying for months: that the photo voter ID law passed in Texas is a poll tax. Determining whether voter ID laws are as unconstitutional as poll taxes won’t be up to him, though. That honor goes to the US Supreme Court justices who lately have been signaling they may be ready to gut the 1965 Voting Rights Act. What this means is that a legal challenge to a voter ID law in Texas could be the trigger for the demise of the constitutional act that made it possible for people of color to vote in much of the country. Right-wing pundits have all but conceded this week’s US District Court hearing over Texas’s voter ID law to the Department of Justice. There’s agreement on the left and the right that Texas didn’t do a good enough job proving that the law has no discriminatory purpose nor effect. Experts have testified that almost 1.4 million Texans could be disenfranchised due to lacking ID. The state’s argument wasn’t helped by Texas state Senator Tommy Williams, an author of the voter ID law, who said, “I think people who live in west Texas are accustomed to driving long distances for routine tasks,” when confronted with the fact that the closest DMV for some low-income Texans could be dozens of miles away.

Editorials: Has SCOTUS OK’d campaign dirty tricks? | Richard L. Hasen/Politico.com

An obscure procedural order issued the day after the Supreme Court’s decision to uphold President Barack Obama’s health care law got lost in the saturated media coverage of the health ruling and the palace intrigue over whether Chief Justice John Roberts switched his vote and alienated his conservative colleagues. Without comment or dissent, the justices declined to hear Minnesota’s appeal of a federal appeals court ruling in 281 Care Committee v. Arneson — holding that Minnesota’s law banning false campaign speech about ballot measures is likely unconstitutional under the First Amendment. The result could be even nastier campaigns and more political dirty tricks. Minnesota had asked the Supreme Court to hold its petition until the court decided United States v. Alvarez, the so-called “Stolen Valor” case. The court decided Alvarez the same day as health care, striking down as a free speech violation a federal law making it a crime to falsely claim to be a recipient of the Congressional Medal of Honor. Alvarez casts considerable doubt over when, if ever, states can take actions to combat false campaign statements and campaign dirty tricks — including lying about the location of a polling place or the voting date. The court could have used the 281 Care Committee case to clear up the muddle next term. But it just denied the petition. Without new clarity, I expect anyone charged with making election-related lies to raise a First Amendment defense. Which they just may win.

National: From Alabama, an epic challenge to voting rights | Reuters

Four years ago, in Calera, asmall city of gentle hills, tall oaks and nine stoplights, an invisible line was drawn a few miles north of the center of town. It stretched up beyond Highway 22 and looped west across Interstate 65, sweeping in recent housing developments, the brown-brick Concord Baptist Church and a new Wal-Mart. The narrow five-square-mile rectangle enlarged Voting District 2. It also radically changed the district’s racial mix. The expansion brought in hundreds of white voters, cutting the proportion of black registered voters to one-third from more than two-thirds. The city, which said it had to redraw its district map to account for a population increase and land annexations, contended the new boundaries would not discriminate against blacks. The U.S. Department of Justice was not persuaded. In a tersely worded, three-page letter emailed to the Calera city attorney on August 25, 2008, it voided the new map.

Editorials: In Defense of Voting Rights | NYTimes.com

Racial discrimination in voting is “one of the gravest evils that Congress can seek to redress,” Judge David Tatel wrote in a crucial ruling on Friday upholding the constitutionality of the Voting Rights Act. In extending the law in 2006, Congress did just that, after reviewing racial bias in the nine states and parts of several others that have deep histories of discrimination. These “covered jurisdictions” had long been required by Section 5 of the law to get permission from the Justice Department or a federal court before making any changes to their voting rules. Congress found that discriminatory practices were still persistent and pervasive in those jurisdictions, and that the preclearance requirement remained necessary. In his 2-to-1 majority opinion for the United States Court of Appeals for the District of Columbia, Judge Tatel explained that Congress’s judgment, supported by a legislative record of more than 15,000 pages and 22 hearings, “deserves judicial deference” because of the weight of the evidence. The ruling upheld a forceful decision by a federal district judge that reached the same conclusion in 2011.

National: Appeals court upholds key voting rights provision | Associated Press

A federal appeals court on Friday upheld a key provision of the Voting Rights Act, rejecting an Alabama county’s challenge to the landmark civil rights law. The provision requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures. It now applies to all or parts of 16 states. In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress developed extensive evidence of continuing racial discrimination just six years ago and reached a reasonable conclusion when it reauthorized section 5 of the law at that time. The appellate ruling could clear the way for the case to be appealed to the Supreme Court where Chief Justice John Roberts suggested in a 2009 opinion that the court’s conservative majority might be receptive to a challenge to section 5.

Editorials: Money Unlimited: How John Roberts Orchestrated Citizens United | Jeffrey Toobin/The New Yorker

When Citizens United v. Federal Election Commission was first argued before the Supreme Court, on March 24, 2009, it seemed like a case of modest importance. The issue before the Justices was a narrow one. The McCain-Feingold campaign-finance law prohibited corporations from running television commercials for or against Presidential candidates for thirty days before primaries. During that period, Citizens United, a nonprofit corporation, had wanted to run a documentary, as a cable video on demand, called “Hillary: The Movie,” which was critical of Hillary Clinton. The F.E.C. had prohibited the broadcast under McCain-Feingold, and Citizens United had challenged the decision. There did not seem to be a lot riding on the outcome. After all, how many nonprofits wanted to run documentaries about Presidential candidates, using relatively obscure technologies, just before elections? Chief Justice John G. Roberts, Jr., summoned Theodore B. Olson, the lawyer for Citizens United, to the podium. Roberts’s voice bears a flat-vowelled trace of his origins, in Indiana. Unlike his predecessor, William Rehnquist, Roberts rarely shows irritation or frustration on the bench. A well-mannered Midwesterner, he invariably lets one of his colleagues ask the first questions.

Editorials: “Corporate Personhood” Is Not the Problem | Garret Epps/American Prospect

American politics is in trouble. A tsunami of unaccountable, untraceable political money is overwhelming the Republican race for the presidential nomination and threatens to do the same to the fall election. For many people, especially progressives, the culprit is easy to name: the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission, which swept away any limits on election-advocacy ads by corporations, unions, and “independent” political-action committees (PACs) and issue groups. Many progressives believe that Citizens United “made corporations people” and that a constitutional amendment restricting “corporate personhood” will cure this political ill. Citizens United is a bad decision. This obvious fact may even be dawning on the Court’s conservative majority, which is taking a surprisingly leisurely look at American Tradition Partnership, Inc. v. Bullock, in which the Montana Supreme Court directly challenged Citizens United, in essence telling the justices that they didn’t understand the first thing about politics. Justices Ruth Bader Ginsburg and Stephen Breyer, dissenters in Citizens United, have publicly stated that American Tradition may offer an opening to limit or even overturn the malign precedent.

Editorials: Citizens United: How Did it Happen? | John Wellington Ennis/Huffington Post

Though the manifold problems of money pouring into our campaigns have become a source of daily news and mounting public backlash, the anniversary of the Supreme Court’s ruling in Citizens United vs. Federal Elections Commission is an opportunity to review how this transformative decision was reached — the perfect storm of politicized jurisprudence, corporate entitlement, and a narrowly tilted bench. As Chief Justice John Roberts has expressed such concern over corporate rights, one might think he was found as a boy abandoned, taken in, and raised by some corporations. It was Roberts who directed the narrow issue of FEC penalties over ads for Hillary: The Movie to be rewritten and re-argued as a much broader debate over the right for corporations to spend money freely on third party advertisements.