SCOTUS strikes down Section 4 of Voting Rights Act

In short, the Supreme Court struck down the formula used in determining which voting jurisdictions need to ask the DOJ before they can change their voter laws – because of past history of discrimination. The court basically told Congress that the current formula is outdated, given it was established in the 1960s, and gives Congress the opportunity to update it:

ATLANTIC WIRE – The Supreme Court struck down Section 4 of the Voting Rights Act in Shelby County v. Holder on Tuesday. Chief Justice John Roberts wrote the majority opinion in the 5 to 4 decision. The court found that the VRA’s formula for deciding which jurisdictions should be subject to preclearance is unconstitutional, SCOTUSblog explains, because while the formula was rational in the 1960s, it’s not anymore. In other words, things are different in the South.

The Alabama county challenged Section 5 of the legislation, which requires that states and counties with a history of trying to block minorities from voting get pre-clearance from the Justice Department to change any voting laws — from the requirements to register to vote to the location of a polling station. Section 4 is the formula that determines what places Section 5 applies to. The majority opinion says, “Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2. We issue no holding on [Section] 5 itself, only on the coverage formula. Congress may draft another formula based on current conditions.”

As Doug Mataconis on twitter pointed out, without section 4 there is no section 5. So basically the DOJ can’t lawfully challenge any state or jurisdiction for changing their voting laws until Congress reestablishes the formula. Let’s hope they don’t.


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