Voting rights ordinance goes before Supreme Court
David Anderson
Issue date: 5/5/09 Section: Life
One of the key provisions of the Voting Rights Act of 1965 may be abolished if the recent hearings at the United States Supreme Court are any indication of how the justices will vote on case No. 08-322.
Renewed in 2006 for another 25 years by Congress, the Voting Rights Act was created to prevent disenfranchisement of minority voters. The current controversy is over Section 5 of the act, which stipulates that certain states and districts must gain the federal government's permission to change voting procedures.
Justice Anthony Kennedy, who many think represents the swing vote in this case, responded to this by saying, "No one questions the validity, the urgency, the essentiality of the Voting Rights Act. The question is whether or not it should be continued with this differentiation between the states. And that is for Congress to show." Section 5 applies mostly to Southern states, and is based on registration data that was current during the institution of the legislation. Kennedy added that this provision has recognized some states as being less sovereign than others.
Many in favor of abolishing the "pre-clearance" section of the legislation have said that it is not fair that the provision applies only to certain locations instead of the entire country. Similarly, some of those living in districts affected by the legislation have expressed frustration with the seeming assumption that they are racist because of where they live. The election of Barack Obama as president last November has also been an argument made by those who see the provision as outdated.
Those opposed to striking down Section 5 have argued that it is a landmark piece of legislation which is still needed to prevent discrimination against racial and ethnic minority groups. Gerrymandering and fewer elected minorities are among the concerns of those who wish to see Section 5 stay in place. Mississippi, a state covered by Section 5, has the most elected black officials in the United States, a fact that many think was made possible by the provision.
Renewed in 2006 for another 25 years by Congress, the Voting Rights Act was created to prevent disenfranchisement of minority voters. The current controversy is over Section 5 of the act, which stipulates that certain states and districts must gain the federal government's permission to change voting procedures.
Justice Anthony Kennedy, who many think represents the swing vote in this case, responded to this by saying, "No one questions the validity, the urgency, the essentiality of the Voting Rights Act. The question is whether or not it should be continued with this differentiation between the states. And that is for Congress to show." Section 5 applies mostly to Southern states, and is based on registration data that was current during the institution of the legislation. Kennedy added that this provision has recognized some states as being less sovereign than others.
Many in favor of abolishing the "pre-clearance" section of the legislation have said that it is not fair that the provision applies only to certain locations instead of the entire country. Similarly, some of those living in districts affected by the legislation have expressed frustration with the seeming assumption that they are racist because of where they live. The election of Barack Obama as president last November has also been an argument made by those who see the provision as outdated.
Those opposed to striking down Section 5 have argued that it is a landmark piece of legislation which is still needed to prevent discrimination against racial and ethnic minority groups. Gerrymandering and fewer elected minorities are among the concerns of those who wish to see Section 5 stay in place. Mississippi, a state covered by Section 5, has the most elected black officials in the United States, a fact that many think was made possible by the provision.
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