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Voting Rights Act Survives Supreme Court Challenge

The U.S. Supreme Court today avoided striking down the Voting Rights Act by broadening the ability of political subdivisions to bail out of the requirement that

Jul 31, 2020
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The U.S. Supreme Court today avoided striking down the Voting Rights Act by broadening the ability of political subdivisions to bail out of the requirement that they get approval from the Justice Department for any changes in their election rules or procedures.
It was clear that some members of the court, at least, were reluctant to uphold the constitutionality of the law, which a small Texas utility district had challenged. Writing for the majority in *Northwest Austin Municipal Utility District v. Holder, *Chief Justice John Roberts said that Section 5 of the Voting Rights Act, under review in the case, had achieved “historic accomplishments” but “now raises serious constitutional concerns.”
Rather than strike down the law, though, the majority agreed to avoid ruling on its constitutionality by interpreting it in a way that allowed the district to take advantage of the act’s bailout provisions.
Justice Clarence Thomas was the lone dissenter, writing that since passage of the Voting Rights Act in 1965, “the violence, intimidation and subterfuge” that led to its enactment “no longer remains.” He therefore would have held Section 5 of the act unconstitutional.
He only dissented in part, however, and he agreed with the outcome of the case, which was to reverse the district court’s ruling that the utility district was ineligible for an exemption from the law’s requirements.
Camilo Wood

Camilo Wood

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