Editorials: 48 years after MLK march, voting rights still vulnerable | Nicolaus Mills/CNN.com

I carry in my mind a picture of the Rev. Martin Luther King Jr. at the beginning of the Selma to Montgomery voting rights march on March 21, 1965. What makes that picture so vivid to me 48 years later, as we prepare to celebrate his 84th birthday this month, is that voting rights issues I once imagined were over have resurfaced on a national scale. The biggest difference between then and now is that today’s voter suppression operations are highly sophisticated, compared with the crude, racist ones conducted by Southern sheriffs and voter registrars through the middle 1960s. Before the 2012 elections, well-funded efforts in state after state tried to curtail the participation of poor and minority voters by introducing burdensome voter ID requirements, despite a record showing individual voter fraud is virtually nonexistent in the United States.
A five-year, nationwide investigation into voter fraud by the George W. Bush administration resulted in just 86 convictions.

National: Black conservatives launch effort to scrap part of Voting Rights Act | guardian.co.uk

A group of prominent black conservatives is trying to help scrap a key part of the Voting Rights Act, the landmark civil rights-era legislation that enshrined the right of black Americans to have equal treatment at the ballot box. The law was signed in 1965 by President Lyndon Johnson in the presence of civil rights leaders like Dr Martin Luther King and Rosa Parks, and it represented one of the milestone victories in ending the Jim Crow segregation of the deep south. Now, however, a black conservative group called Project 21 has filed a legal brief before the US supreme court in support of a case aimed at overturning key provisions of the act. The bid, on which the supreme court is set to rule this summer, has been brought by the authorities in Shelby County in the southern state of Alabama.

Texas: New Bill Would Repeal Texas Voter ID Law | The Texas Tribune

State Rep. Eric Johnson, D-Dallas, started the 83rd legislative session with one issue in mind: voter identification laws. Johnson filed five bills Thursday, his first legislation of the new session, aiming to both increase voter participation and strike down a bill requiring voters to show photo IDs at the polls. Senate Bill 14, the voter ID law, passed in 2011, requires voters to present a government-issued photo ID to cast their ballot, but the law has yet to be implemented. It was rejected by both the U.S. Department of Justice and a federal three-judge panel in 2012. The rulings said that Texas did not prove that the measure did not discriminate against minorities.

Editorials: Voting Rights Act: What’s lost if the Supreme Court kills it? | Richard Hasen/Slate Magazine

Odds are, the Supreme Court will strike down a key provision of the Voting Rights Act after hearing a case from Alabama that will be argued next month. If the part of the law called Section 5 does indeed go down, minority voters in Southern states and elsewhere will lose a key bargaining chip. Section 5 has enabled them to beat back some attempts to make it harder for them to vote, and helped insure that the gains they’ve made in representation and redistricting are not rolled back. As another recent fight over South Carolina’s voter ID law shows, Section 5 still serves a vital role in an era in which partisan legislatures may manipulate election laws for political gain. Like many other states with Republican majority legislatures acting over the last few years, South Carolina adopted a tough photo identification law before the 2012 election. The state’s Republican legislature likely acted out of the belief that such laws would marginally depress Democratic turnout and help Republicans at the polls. Controversy over voter ID laws also motivates the Republican base to turn out to vote. (What voter ID laws don’t do is prevent a lot of real voter fraud, though that’s the rationale their supporters cite.)

Editorials: GOP v. Voting Rights Act | Reuters

The Republican Party is in danger of reaping what it has sown. Much has been written about the GOP’s problem with minority voters.  Quite simply, the party has managed to alienate every nonwhite constituency in the nation. This is not an accidental or sudden phenomenon. Ever since Republicans chose almost 50 years ago to pursue a Southern strategy, to embrace and promote white voters’ opposition to civil rights, the party has been on a path toward self-segregation. Successive Republican administrations have pursued agendas that included retreating on civil rights enforcement and opposing government programs that increase minority opportunity. That steady progression culminated in Mitt Romney’s disastrous showing among African-American, Latino and Asian voters.

North Carolina: Voter ID Law Could Impact 613,000 Voters, Report Says | Huffington Post

As Republicans in North Carolina make a renewed push to pass a voter ID law, a new report from the State Board of Elections suggests that nearly one in ten voters lack state-issued photo identification. The report shows that up to 613,000 voters, about 9.25 percent of all registered voters in North Carolina, lack state-issued photo identification. Former Gov. Bev Perdue (D) vetoed a voter ID law passed by the Republican-controlled legislature in 2011. But current Gov. Pat McCrory, a Republican, spoke out in favor of the law on the campaign trail and has promised to sign it if it reaches his desk.

New Hampshire: Conservative group trying to block voting lawsuit | Fosters

Does the U.S. Department of Justice have ulterior motives for allowing New Hampshire to be released from a portion of the Voting Rights Act? That’s the theory being advanced by some conservative groups, including The Center for Individual Rights (CIR). Headquartered in Washington, D.C., CIR is questioning the motives behind a decision by Attorney General Eric Holder to release New Hampshire from Section 5 of the Voting Rights Act. A key piece of civil rights legislation, the Voting Rights Act of 1964 guarantees that voters aren’t disenfranchised on account of race or color. It also contains several special provisions that impose stringent federal oversight in certain areas of the country, known as “covered jurisdictions.”

New Hampshire: Conservative Group Attempts To Block New Hampshire’s Bailout From Voting Rights Act | Huffington Post

The state of New Hampshire and the Justice Department agree that the state shouldn’t have to seek permission from the federal government before making changes to its voting laws. But a conservative group that doesn’t think any state should be subject to Section 5 of the Voting Rights Act, which requires certain jurisdictions to pre-clear any such changes, is trying to block New Hampshire’s so-called bailout, alleging it’s all part of a scheme to trick the Supreme Court. The Center for Individual Rights filed a motion to intervene in a federal lawsuit last month to attempt to block New Hampshire from getting out of Section 5, alleging the 10 New Hampshire towns or townships covered by the provision aren’t entitled to a bailout under the law.

National: Supreme Court will revisit the Voting Rights Act | Voxxi

The New Year is likely to amass a wave of issues that will affect Latinos including a pending case in the Supreme Court that revisits a key provision of the Voting Rights Act (VRA). In Shelby County vs. Holder, the Supreme Court justices will be deciding whether it makes sense to pursue section 5. The provision requires that lawmakers who want to enact changes to voting laws are obligated to seek permission from the federal government in states with a history of discrimination. Advocates argue that without this key provision, federal judges would not have been able to block voter ID laws in Texas and South Carolina. It also voided district maps in Texas and prevented early voting in parts of Florida. Yet, critics claim the provision is outdated.

Texas: Court battles on Texas election issues go on and on | Star Telegram

Believe it or not, it’s not too early to start worrying about whether the 2014 party primary elections might be delayed because of the ongoing court fights over redistricting and other issues. That’s right, the same legal battles that delayed this year’s primaries from early March to late May. That’s not a prediction — just saying it could happen. It’s probably more productive for now to get up to date on where the ongoing court battles stand. A lot has happened since spring. The primaries were held, runoffs came in July and there was a pretty big national election in November.

Editorials: Voting Rights Under Fire: Why We Still Need Section 5 | Caroline Fredrickson/Huffington Post

They were young African-Americans and supporters of equality marching peacefully from Selma, Ala. to the state’s capital to protest the murder of Jimmie Lee Jackson by police and the denial of voting rights when they were attacked by scores of state police and others, spewing tear gas beating the protestors with billy clubs. Those brutal, revolting attacks were aired nationally by major TV networks, like ABC would prove a catalyst for one of the nation’s most compelling civil rights laws, the Voting Rights Act of 1965. Quickly after what was to be known as “Bloody Sunday,” President Lyndon B. Johnson went before a joint session of Congress and unveiled the voting rights measure and provided a stirring, impassioned call for an end to oppression and an expansion of freedom.

North Carolina: Expect state lawmakers to act quickly on Voter ID | Indy Week

If anyone starts an office pool on how soon after convening the General Assembly will pass a Voter ID bill, put me down for an hour and a half. Last session, the GOP-dominated House couldn’t secure enough Democratic defections to override Gov. Bev Perdue’s veto of a bill that would have put North Carolina at the vanguard of a nationwide voter suppression movement. House Bill 351, better known by its Orwellian short title, “Restore Confidence in Government,” would have disenfranchised tens of thousands of North Carolina voters. For hundreds of thousands of others, the measure would have created additional burdens to registering and voting by requiring them to obtain a government-issued photo ID, which in turn requires possession of one’s original birth certificate, a valid passport or other official papers.

Texas: Speedy appeal on voter ID law | SCOTUSblog

The time may be short for the Supreme Court to act on the state of Texas’s power to impose a new voter photo ID law, but the state nevertheless plans to pursue a prompt appeal in hopes of a quick final decision, perhaps during the Justices’ current Term.  The state got permission on Monday to pursue an immediate appeal from a three-judge U.S. District Court in Washington.  That court had ruled against the voter ID law in August. Texas officials already have taken steps to try to get the Justices to rule during the current Term on new redistricting plans for the Texas delegation in the U.S. House of Representatives and for the two houses of its state legislature.  The Justices will consider that appeal at their January 4 Conference, after the state gave up some of its filing rights in order to advance the case.  That would be in time, if the Court accepts review, for a decision before the Justices’ summer recess in late June.  (That case is Texas v. United States, docket 12-496).   If the Court were to move ahead this Term on one or both of the new Texas cases, that would mean a further exploration of the scope — and even the constitutionality — of Section 5 of the Voting Rights Act of 1965.

Texas: Voter ID Suit Put on Hold Till Supreme Court Rules | Bloomberg

A federal court deferred further proceedings in a lawsuit filed by Texas over the state’s voter identification law until the U.S. Supreme Court rules on whether part of the Voting Rights Act is constitutional. A three-judge panel in Washington said today that “in the interest of efficiency and judicial economy” it will wait for the Supreme Court to review a provision of the 1965 law requiring all or part of 16 mostly Southern states to get federal approval before changing their voting rules. The Texas suit challenges the same provision.

Editorials: The Other Crucial Civil Rights Case the Supreme Court Will be Ruling On | ProPublica

On Friday, the U.S. Supreme Court said it would hear two cases challenging state and federal laws which prevent the legal union between same-sex couples. But it’s not the only significant civil rights case the Court has decided to take up this term. Last month, the Supreme Court said it will consider the constitutionality of a key part of the Voting Rights Act of 1965, the hallmark legislation from the Civil Rights era that has come under increased challenge.

Editorials: Is The Voting Rights Act Outdated? | NPR

For more than four decades, the Voting Rights Act never lost a court decision as it cut a path for minorities’ increased participation in elections. But the most effective civil rights law in U.S. history faces its most serious challenge as the Supreme Court prepares to re-examine its constitutionality. Why now? Some say it’s because of the law’s own success. The plaintiff in the case blames Congress for failing to amend part of the legislation to reflect changing times.

Editorials: Voting Rights Act and the South on trial | CNN.com

How much has the South changed? That’s the question at the heart of one of the most important cases the Supreme Court will take up this year. The case weighs the fate of one of the most important laws in American history: the Voting Rights Act of 1965. A century after the Civil War, Congress created that law to give African Americans the right to vote, not just on paper, but in fact. The key provision was Section 5, which decreed that jurisdictions with histories of discrimination, mostly in the South, had to get Justice Department approval before they changed any aspect of their voting rules, right down to the location of polling places. There is little doubt that, in the years immediately after 1965, the Voting Rights Act achieved a revolution in voting rights for African-Americans in the South. In subsequent years, Congress has reauthorized the law several times, most recently in 2006.

Editorials: In Texas let’s be thankful for Section 5 | San Antonio Express-News

Let’s talk turkey. In San Antonio, Texas, I’m thankful for Section 5 of the Voting Rights Act. I know. If it comes up at my Thanksgiving table, my answer to the traditional question — what are you thankful for — will surely get me some puzzled looks. There is a good chance, however, I’ll be unable to give the same answer next year. Section 5 requires certain jurisdictions with histories of discrimination — Texas among them — to get preclearance for any changes to voting or election laws. The burden is on those jurisdictions to prove they did not act with the intent to discriminate. The U.S. Supreme Court has agreed to look at claims that this section is anachronistic, though Texas has just demonstrated that attempted discrimination against minority voters is as trendy as breakfast tacos.

Editorials: Does Obama’s Re-election Doom the Voting Rights Act? | NYTimes.com

Does the re-election of the first black president mean the Voting Rights Act of 1965 is unnecessary and perhaps unconstitutional? The Supreme Court’s decision last week to consider a constitutional challenge to a key section of the act suggests that a perverse outcome of the 2012 campaign may be that President Obama’s victory spells doom for the civil rights law most responsible for African-American enfranchisement. The central question in the constitutional debate is whether times have changed enough in the nearly five decades since the act’s passage to suggest that the law has outlived its usefulness. The unprecedented flexing of racial minorities’ political muscle on Nov. 6 does make it clear how much times have changed. But a campaign marred by charges of voter suppression and Election Day mishaps also makes the need for federal protection of voting rights clearer than ever.

Editorials: Why the Voting Rights Act Likely Won’t Survive Supreme Court Review | The Nation

While the United States was grappling with whether or not to re-elect its first African-American president, Louisiana was wrestling over whether to appoint its first African-American Chief Justice for its State Supreme Court. Bernette Johnson’s destiny was temporarily deferred when some of her fellow Supreme Court Justices and Gov. Bobby Jindal challenged her right to succeed retiring Chief Justice Catherine Kimball. Louisiana law dictates that the justice who’s served the longest on the bench takes over as chief when the sitting one leaves. Johnson, the court’s only black judge, took the bench in October of 1994, while Justice Jeffrey Victory came on in January 1995. But Victory declared he had seniority, arguing Johnson’s first few years on the bench didn’t count because it was a special appointment made by a federal consent decree. Indeed, Johnson’s Supreme Court seat was made available because the electoral districts at the time were drawn so that no black Louisianians would ever have the kind of plurality needed to elect a candidate who represented their interests. When you’re black and live in a Southern state that venerates its Confederate heritage while leading the world in locking people up, voting for a judge kinda matters to you.

Editorials: Changing Times | Linda Greenhouse/NYTimes.com

When people talked during the presidential campaign about the potential impact of the election on the Supreme Court, most meant the impact on the court’s membership: whether Barack Obama or Mitt Romney would get to fill any vacancies during the next four years. The vote on Nov. 6 settled that question, obviously, but it also raised another tantalizing one: what impact will other developments during this election season, beyond the presidential vote itself, have on the nine justices? I have two developments in mind: the vote in four states in support of same-sex marriage, and the run-up to Election Day that saw both Democrats and federal judges pushing back against Republican strategies devised to selectively minimize voter turnout. Both are directly relevant to cases on the Supreme Court’s current docket, and it’s worth at least considering whether either or both are potential game changers. If so, it wouldn’t be the first time in Supreme Court history that timing turned out to be everything.

Editorials: Minority voters in Texas still need to be protected | Star Telegram

Some experts say the U.S. Supreme Court’s announcement Friday that it will hear a case challenging the constitutionality of the Voting Rights Act’s Section 5 means this pivotal part of the 47-year-old law is dead and the court is finally ready to bury it. Some members of the court have complained about Section 5 in more than one case since Congress last renewed the VRA in 2006. Section 5 requires some states — the key is some, not all — to get permission, or “pre-clearance,” from the Justice Department or a federal court before changing their election laws. The affected states, including Texas, are those determined under the act to have a history of discriminating against minority voters. Most are in the South.

National: Supreme Court to Revisit Voting Rights Act | NYTimes.com

The Supreme Court announced on Friday that it would take a fresh look at the constitutionality of the Voting Rights Act of 1965, one of the signature legacies of the civil rights movement. Three years ago, the court signaled that part of the law may no longer be needed, and the law’s challengers said the re-election of the nation’s first black president is proof that the nation has moved beyond the racial divisions that gave rise to efforts to protect the integrity of elections in the South. The law “is stuck in a Jim Crow-era time warp,” said Edward P. Blum, director of the Project on Fair Representation, a small legal foundation that helped organize the suit. Civil rights leaders, on the other hand, pointed to the role the law played in the recent election, with courts relying on it to block voter identification requirements and cutbacks on early voting.

Editorials: Alabama, Texas voting rights cases keep political storms churning | Fort Worth Star Telegram

It might seem a stretch for Texas’ top elected officials to be intensely interested in such minutiae as the planning commission’s jurisdiction and voting boundaries in Shelby County, population almost 200,000, in the middle of Alabama. But a lawsuit that Shelby County has taken to the U.S. Supreme Court could determine Texas’ flexibility under the federal Voting Rights Act. And Texas Attorney General Greg Abbott is aggressively cheering on Shelby County’s claim that a key part of the 1965 law is an unconstitutional imposition on states’ sovereignty.

South Carolina: South Carolina Voter ID Blocked In 2012, Cleared For 2013 | TPM

A panel of federal judges ruled on Wednesday that South Carolina’s new voter ID does not have a discriminatory effect, but they also blocked it from going into effect in November. A Justice Department spokeswoman said DOJ was pleased that the court blocked the law from going into effect next month and noted that the law underwent “broad modifications” during the course of the trial to allow it to comply with Section 5 of the Voting Rights Act. South Carolina Attorney General Alan Wilson called the ruling “a major victory for South Carolina and its elections process. It affirms our voter ID law is valid and constitutional under the Voting Rights Act. The fact remains, voter ID laws do not discriminate or disenfranchise; they ensure integrity at the ballot box,” he said in a statement. The Washington, D.C.-based panel concluded that the voter ID law was “not enacted for a discriminatory purpose” and precleared the law for any election in 2013. But it blocked the state from implementing the law this year “given the short time left before the 2012 elections, and given the numerous steps necessary to properly implement the law — particularly the new ‘reasonable impediment’ provision — and ensure that the law would not have discriminatory retrogressive effects on African-American voters.”

South Carolina: Voter ID debate shifts to South Carolina as campaigners challenge restrictions | guardian.co.uk

The battle over voting rights in the November presidential election now swings to South Carolina, following the decision by the Pennsylvania courts on Tuesday to delay implementation of a voter ID requirement in that state. All eyes are now on the legal tussle between the department of justice and South Carolina, where probably the last voter ID law will be decided before election day on 6 November. Last year South Carolina became one of at least 34 states to introduce strict laws that require voters to present photo identification at polling stations – one of a swathe of measures attacking voting rights that swept across the US this election cycle. South Carolina’s law was blocked, however, by the Obama administration last June.

South Carolina: Laziness Not An Excuse Under South Carolina Voter ID Law | TPM

A lawyer for South Carolia said on Monday there are plenty of reasons voters would be able to sidestep the state’s voter ID law if a panel of federal judges allows it to take effect this year, but laziness is not among them. While defending the state’s voting law during closing arguments in federal court here, attorney H. Christopher Bartolomucci said voters could offer any number of reasons for showing up to the polls without a government-issued photo ID. However, he added, those who simply say they “didn’t feel like” it will be turned away. South Carolina is among the states that must have changes to their voting laws cleared by either the Justice Department or a panel of judges in D.C. under Section 5 of the Voting Rights Act. The state wants its voter ID law to go into effect for the November election.

Editorials: The GOP war on the Voting Rights Act | William Yeomans/Politico.com

In 2006, Congress reauthorized Section 5 of the Voting Rights Act with nearly unanimous Republican support. In 2012, Republican officials declared war on minority voting and have challenged the constitutionality of Section 5 — which requires states and localities with egregious histories of voting discrimination to seek federal approval before making any election changes — in multiple court cases. What happened? Consider: Republican support among African-Americans for presidential nominee Mitt Romney finally hit zero in a recent NBC/Wall Street Journal poll and the GOP’s strength among Latino voters is nearly as anemic. These numbers make minority voters, sadly, irresistible targets for Republican vote suppression efforts. Legal battles over when ballots can be cast and whose votes will be counted, The New York Times reported Monday, could substantially affect the outcome of 2012 elections.In many states, only the Voting Rights Act is standing in the GOP’s way. Rather than showing respect for the voting rights of minorities and winning their votes with appealing policies, Republicans appear to have instead decided to try to expel them from the electorate and attack the biggest legal obstacle to their expulsion — the Voting Rights Act. The rights of minority voters, however, are not fair game in partisan battles. Partisanship must not be allowed to trump equal opportunity in voting. Republicans have whipped up a phony frenzy over the extent of voter fraud to justify their assault on minority voters.

National: Why The Supreme Court May Soon Strike Down A Key Section Of The Voting Rights Act | The New Republic

Six years ago, to much fanfare, Congress extended the lifespan of the Voting Rights Act’s crucial preclearance provision, Section 5, by twenty-five years. (Section 5 requires covered jurisdictions, mostly in the South, to get permission from the federal government before enacting any new electoral laws.) But Congress didn’t just renew Section 5; it also revised it. Section 5 now bars covered jurisdictions from diminishing minority groups’ “ability to elect” the candidates of their choice. The provision now also forbids these jurisdictions from passing election laws with “any discriminatory purpose.” At the time these amendments were made, their consequences were highly uncertain. No one knew whether minorities would be able to elect more or fewer candidates as a result, or whether Democrats or Republicans would benefit. As Columbia professor Nathaniel Persily wrote in 2007, “there is disagreement about . . . how one determines minorities’ ‘ability to elect,’” and “[t]he potential interpretations of the law run the gamut from entrenching either Republican or Democratic gerrymanders.”

National: Prelude to a Supreme Court Showdown: Voting Rights Rulings in Texas and Florida Offer New Evidence of Racial Discrimination in Voting | Constitutional Accountability Center

The Fifteenth Amendment prohibits racial discrimination in voting and expressly empowers Congress to enforce this guarantee, which it has done primarily through the passage and repeated reauthorization of the Voting Rights Act.  Recent events only bolster Congress’ repeated invocation of its express constitutional power to protect the right to vote free from racial discrimination.  In Shelby County v. Holder, an Alabama county, joined by a host of conservative states, including Alabama, Georgia, Texas and South Carolina, and right-leaning legal groups as amici curiae, are urging the Supreme Court to review the case and strike down a key part of the Voting Rights Act as beyond the scope of Congress’ power to enforce the Fifteenth Amendment’s prohibition on racial discrimination in voting.  The core of the conservative attack on the “preclearance” requirement of Section 5 of the Voting Rights Act (which requires jurisdictions that have a history of engaging in racial discrimination in voting to obtain federal permission before altering their voting laws and regulations) is that this strong medicine is now outdated and unnecessary.   In reauthorizing the Act in 2006, Congress disagreed, amassing a 15,000-page legislative record demonstrating that racial discrimination in voting continues to exist and remains concentrated in jurisdictions covered by the Voting Rights Act’s preclearance requirement.