Court strikes part of Voting Rights Act

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The Supreme Court struck down a key part of the Voting Rights Act Monday, a cornerstone of the civil rights movement that helped dismantle decades of discriminatory voting restrictions in the South when it passed 60 years ago. The vote was 5-4, with the court's liberal justices dissenting.

The decision drastically scales back the federal government's power to reject state laws it believes discriminate against minority voters, which include some efforts to tighten identification requirements and limit early voting hours at the ballot box. A wave of such laws swept 30 states over the past few years, and the Obama administration has aggressively fought them in court.

Section 5 of the Voting Rights Act, reauthorized by Congress in 2006, gives the federal government the ability to pre-emptively reject changes to election law in states and counties that have a history of discriminating against minority voters. The law covers nine states and portions of seven more, most of them in the South. The formula used to decide which states are subject to this special scrutiny (set out in Section 4 of the law) is based on decades-old voter turnout and registration data, the justices ruled, which is unfair to the states covered under it.

The Justice Department used Section 5 of the law to block voter ID laws in Texas and South Carolina last year, and it also struck down early voting restrictions in five counties in Florida. (Minority voters are more likely than white voters to vote early in person.)

Court watchers predicted the decision, given the conservative justices' comments on the law during oral arguments and in other cases. Justices in the conservative wing of the Supreme Court, including Chief Justice John Roberts, expressed reservations that the nine Southern states covered by the law still required the same degree of federal oversight that they did 60 years ago. "Voter turnout and registration rates [between blacks and whites] now approach parity," Roberts wrote in a decision in 2009. "Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels."

Another argument against Section 4's constitutionality was that it's unclear whether minority voters in Southern states are more likely to face discrimination at the polls than they are in other states. Voter ID laws, for example, have passed in states such as Wisconsin, Pennsylvania and Indiana. Because those states do not have a history of voter discrimination?and are not covered by the act?their voter ID laws did not have to first pass federal inspection. That said, Southern states covered under the act were much more likely to pass a voter ID law than other states. Seven of the nine states covered in full under the act adopted such a law, compared with 19 states overall.

Source: http://news.yahoo.com/blogs/news/supreme-court-strikes-down-key-part-voting-rights-141205218.html

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