Monday, July 8, 2013

A Lifeline for Voting Rights?

In addition to possible, but unlikely, Congressional action focusing on fixes to Section 4 of the VRA, there's certain legal action on the horizon utilizing the VRA's Section 2 to halt discriminatory voting procedures:
There is, however, a possible hurdle for those waging the "war on voting." The Supreme Court undermined the Voting Rights Act by targeting Section 5 of the law -- the provision related to pre-clearance -- ordering Congress to come up with new standards and leaving this area of the law unenforceable. But Section 2 of the VRA -- described by Chief Justice John Roberts in his ruling as "permanent" and applicable "nationwide" -- remains intact.
What does Section 2 of the VRA do?  It
...bans voting procedures that discriminate on the basis of race, color, or membership in one of the language minority groups.... To win a Section 2 case, the Justice Department or a plaintiff doesn't need to prove that a voting procedure had an invidious intent -- only that it had the result of denying a racial or language minority an opportunity to take part in the political process.
That just might be a legal threshold voting rights advocates can reach;  however, whether courts would hear such an argument prior to a voting procedure being employed during an election is doubtful.  The outcome would also depend, of course, on a fair and impartial hearing (eg., unlike that given the VRA by the antebellum, partisan Roberts court, with its made-up rationales).  Still, it's another possible tool to fight back against Rethuglican voter suppression until we have a Court that can overturn the Shelby County v. Holder decision.

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