Showing posts with label Section 5. Show all posts
Showing posts with label Section 5. Show all posts

Friday, June 28, 2013

Voting Rights decision another fine mess for Congress

Before we join our fellow progressives in the justifiable assault on the Supreme Court for its colossally f-ed up decision, Tuesday, in Shelby County v Holder, which struck down key elements of the pre-clearance provisions of the 1965 Voting Rights Act, let's talk about for whom this mess tolls. It tolls for Congress. Laurel & Hardy
"This is another fine mess you've gotten me into." - Oliver Hardy, on countless occasions, to his bumbling best buddy, Stan Laurel
In those old, black and white shorts from the 1930s, the rotund blowhard, Hardy, was always blaming his rail thin, whimpering sidekick, Laurel, for the trouble the pair always got into. The problem for Hardy is that everyone always knew that it was really he who led them into trouble, and not the friend on whom he laid the problem. So it is with the Supreme Court and Congress. In this little tragic tale of government mismanagement, SCOTUS and Congress are Laurel and Hardy, respectively. While the easy thing to do would lay all the blame on the Supremes for the VRA decision, let's keep in mind that when a majority Republican Congress reauthorized the act, and a Republican president signed it into law, in 2006, they decided they did not want to do the hard work to reformulate how jurisdictions are included in Section 5 of the Act.
"There is no valid reason to insulate the coverage formula from review merely because it was previously enacted 40 years ago," wrote the Justices, in the majority opinion. "If Congress had started from scratch in 2006, it plainly could not have enacted the present coverage formula."
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Thursday, February 28, 2013

SCOTUS arguments show 'there is still work to do' on voting rights

Photograph of President Lyndon Johnson Signs t...
President Lyndon Johnson signs the Voting Rights Act,
with Martin Luther King, Jr., and other civil rights
leaders in the Capitol Rotunda, Washington, DC, 08/06/1965
(Photo credit: The U.S. National Archives)

There are few words that cut through the perennial story of American pride in its exceptionality, like "racism." That one, ugly social system, propped up over our sordid history by institutional and ideological bulwarks of denial and ignorance, like Jim Crow, is part of the DNA of our country, away from which we are continually attempting to evolve. But just saying it's over doesn't end it. Seeing more minorities voting than ever doesn't end it. Electing an African American president doesn't end it.

Ask the people whose 2012 vote was protected by the Department of Justice denying attempt after attempt in states affected by Section 5 of the Voting Rights Act. The need for DoJ clearance and oversight is essential to implementation. That's what makes the law "rational in theory and practice," the loss of which, the plaintiff representing Shelby County, Alabama, in the case, argued Wednesday, should be grounds for overturning the preclearance called for in the disputed section of the VRA.

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