In 2006, the Voting Rights Act (VRA) was reauthorized for 25 years by a massive majority of both the House and the Senate. In fact, the Senate reauthorized the bill unanimously by a vote of 98 to 0. In June 2013, the Supreme Court decision Shelby County v. Holder found that Congressional reauthorization by mass majority was not enough to uphold the 48-year-old formula in Section 4(b) of the VRA. Section 4(b) of the VRA is the formula by which states that townships or counties are placed under the jurisdiction and require the consent of the Department of Justice regarding any changes to electoral law. This is called “preclearance,” a power defined in the VRA’s subsequent Section 5. While progressives and liberals across the United States are now up-in-arms over this decision, the truth is that the Supreme Court acted with due deference towards the issue of institutional racism and voting discrimination. Chief Justice Roberts was very clear regarding this issue. His opinion states, “At the same time, voting discrimination still exists; no one doubts that.” As Roberts states in the majority opinion, the major problem is that, “the Act imposes current burdens and must be justified by current needs.” The Supreme Court also agrees that Section 2 of the 15th Amendment provides Congress with the authority to legislate against such discrimination. That is the crux of the problem: Congress.Full Article: The Voting Rights Act: 2006 vs. 2013 : The Daily Collegian.
Mar 31 2014