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.
