The Supreme Court struck down Section 4 of the Voting Rights Act on Tuesday, the provision of the landmark civil rights law that designates which parts of the country must have changes to their voting laws cleared by the federal government or in federal court.
The 5-4 ruling authored by Chief Justice John Roberts and joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, ruled in Shelby County v. Holder that “things have changed dramatically” in the South in the nearly 50 years since the Voting Rights Act was signed in 1965.
The court’s opinion said it did not strike down the act of Congress “lightly,” and said it “took care to avoid ruling on the constitutionality of the Voting Rights Act” in a separate case is 2009, “Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare [Section 4] unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.”
The Voting Rights Act has recently been used to block a voter ID law in Texas and delay the implementation of another in South Carolina. Both states are no longer subject to the preclearance requirement because of the court’s ruling.
“Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions,” Roberts wrote.
“There is no doubt that these improvements are in large part because of the Voting Rights Act," he wrote. "The Act has proved immensely successful at redressing racial discrimination and integrating the voting process."
This represents an assault on life and liberty as we know it, and will practically insure that there will not be another African-American president in my lifetime.
In his bench statement, Roberts said that Congress had extended a 40-year-old coverage formula based on "obsolete statistics and that the coverage formula "violates the constitution."
Congress, the court ruled, “may draft another formula based on current conditions.” But given the fact that Republicans currently control the House of Representatives, many voting rights advocates consider it unlikely that Congress will act to create a new formula.
Justice Ruth Bader Ginsburg issued a wide-ranging dissent on behalf of herself and Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, justifying the continued vitality of the Voting Rights Act's preclearance provision.
"The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proven effective," Ginsburg wrote. "The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed."
In other words, the Supreme Court believes that as a country we've made so much progress since 1965 that racism no longer exists. But just because a dog on a leash can't bite does not mean that he has learned not to, and will not do so once you unleash him.
It seems as if The SCOTUS has positioned the dog to bite.