Voting Rights Act

On Friday the House of Representatives showed the country that it will not tolerate racial discrimination at the polls. It passed the Voting Rights Advancement Act, a bill that would restore the 1965 Voting Rights Act to its full strength. Our country needs that reform and others to make the 2020 election free and fair for all. Since its founding, America has moved slowly towards granting suffrage to more and more Americans, bringing more people into the electoral process. The Voting Rights Act of 1965 has been instrumental to that progress. But in 2013 the supreme court dramatically weakened that law. In Shelby county v Holder, the court disabled the act’s provision that required states and localities with histories of racial discrimination in voting to “pre-clear” new voting regulations. The pre-clearance system had allowed federal authorities to vet proposed voting rules for racial discrimination before they could cause injury. From 1965 right up until the Shelby decision, this safeguard blocked many restrictions that would have made it more difficult for black and brown people to participate and vote.

Five years after the Supreme Court gutted a key provision of the 1965 Voting Rights Act, a new report from the U.S. Commission on Civil Rights has confirmed predictions that the ruling would hobble enforcement of that landmark law. In addition to prohibiting racial discrimination in voting nationwide, the Voting Rights Act requires states and localities with a history of discrimination —most of them in the South —to “pre-clear” changes in their election procedures with the U.S. Department of Justice or a federal court. In its 2013 decision in Shelby County vs. Holder, however, the court declared unconstitutional the formula Congress had established to determine which states would have to submit to pre-clearance, effectively shutting pre-clearance down.

With crucial midterm elections coming up later this year, Republicans continue to use a landmark Supreme Court decision on the constitutionality of the Voting Rights Act of 1965 to clamp down on voting rights and access. John M. Gore, appointed by President Donald Trump as acting head of the Civil Rights division of the U.S. Justice Department, has a history of defending Republican redistricting plans in Virginia, South Carolina, New York and Florida. One of Gore’s first moves in his new role was to drop part of a lawsuit challenging the Texas voter ID requirements that help keep minorities from voting. Such restrictions have become more common since the Supreme Court struck down a key provision of the Voting Rights Act in the 2013 Shelby County v. Holder decision. Thirty-four states now have voter ID laws.