-
FILE - In this
Aug. 6, 1965, photo, President Lyndon Baines Johnson signs the Voting
Rights Act of 1965 in a ceremony in the President's Room near the Senate
Chambers on Capitol Hill in Washington. Three years ago, the Supreme
Court warned there could be constitutional problems with a landmark
civil rights law that has opened voting booths to millions of
African-Americans. Now, opponents of a key part of the Voting Rights Act
are asking the high court to finish that provision off. Surrounding
the president from left directly above his right hand, Vice President
Hubert Humphrey; House Speaker John McCormack; Rep. Emanuel Celler,
D-N.Y.; first daughter Luci Johnson; and Sen. Everett Dirksen, R-Ill.
Behind Humphrey is House Majority Leader Carl Albert of Oklahoma; and
behind Celler is Sen. Carl Hayden, D-Ariz. (AP Photo)
-
FILE This July
27, 2006 file photo shows President George W. Bush, center, surrounded
by members of Congress signing legislation extending for 25 years the
Voting Rights Act, on the South Lawn at the White House in Washington.
Three years ago, the Supreme Court warned there could be constitutional
problems with a landmark civil rights law that has opened voting booths
to millions of African-Americans. Now, opponents of a key part of the
Voting Rights Act are asking the high court to finish off that
provision. Front row, from left are, Sen. Arlen Specter, R-Pa., Rep.
John Conyers, D-Mich., Rep. James Sensenbrenner, R-Wis., and Rep. Nancy
Pelosi, D-Calif. (AP Photo/Ron Edmonds, File)
-
FILE - In this
Oct. 19, 2010 file photo, Chief Justice John G. Roberts Jr. speaks at
Canisius College in Buffalo, N.Y. Three years ago, the Supreme Court
warned there could be constitutional problems with a landmark civil
rights law that has opened voting booths to millions of
African-Americans. Now, opponents of a key part of the Voting Rights Act
are asking the high court to finish off that provision. (AP Photo/Don
Heupel, File)
-
FILE This Sept,
27, 2012 file photo shows the covered Supreme Court building in
Washington Thursday, Sept. 27, 2012, with a protective scrim, as work
continues on the facade. Three years ago, the Supreme Court warned there
could be constitutional problems with a landmark civil rights law that
has opened voting booths to millions of African-Americans. Now,
opponents of a key part of the Voting Rights Act are asking the high
court to finish off that provision. (AP Photo/Alex Brandon, File)
WASHINGTON
(AP) — Three years ago, the Supreme Court warned there could be
constitutional problems with a landmark civil rights law that has opened
voting booths to millions of African-Americans. Now, opponents of a key
part of the Voting Rights Act are asking the high court to finish off
that provision.
The basic question is whether state and local governments that once
boasted of their racial discrimination still can be forced in the 21st
century to get federal permission before making changes in the way they
hold elections.
Some of the governments covered — most of them are in the South —
argue they have turned away from racial discrimination over the years.
But Congress and lower courts that have looked at recent challenges to
the law concluded that a history of discrimination and more recent
efforts to harm minority voters justify continuing federal oversight.
The Supreme Court could say as early as Monday whether it will
consider ending the Voting Rights Act's advance approval requirement
that has been held up as a crown jewel of the civil rights era.
The justices sidestepped this very issue in a case from Texas in
2009. In an opinion joined by eight justices, Chief Justice John Roberts
wrote then that the issue of advance approval "is a difficult
constitutional question we do not answer today."
Since then, Congress has not addressed potential problems identified
by the court. Meanwhile, the law's opponents sensed its vulnerability
and filed several new lawsuits.
The advance approval, or preclearance requirement, was adopted in the
Voting Rights Act in 1965 to give federal officials a potent tool to
defeat persistent efforts to keep blacks from voting.
The provision was a huge success, and Congress periodically has
renewed it over the years. The most recent occasion was in 2006, when a
Republican-led Congress overwhelmingly approved and President George W.
Bush signed a 25-year extension.
The requirement currently applies to the states of Alabama, Alaska,
Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and
Virginia. It also covers certain counties in California, Florida, New
York, North Carolina and South Dakota, and some local jurisdictions in
Michigan and New Hampshire. Coverage has been triggered by past
discrimination not only against blacks, but also against American
Indians, Asian-Americans, Alaskan Natives and Hispanics.
Before these locations can change their voting rules, they must get
approval either from the U.S. Justice Department's civil rights division
or from the federal district court in Washington that the new rules
won't discriminate.
Congress compiled a 15,000-page record and documented hundreds of
instances of apparent voting discrimination in the states covered by the
law dating to 1982, the last time it had been extended.
Among the incidents in the congressional record:
—In 1998, Webster County, Ga., tried to reduce the black population
in several school board districts after citizens elected a
majority-black school board for the first time.
—In 2001, Kilmichael, Miss., canceled an election when a large number
of African-American candidates sought local office following 2000
census results that showed blacks had become the majority in the city.
—In 2004, Waller County, Texas, sought to limit early voting near a
historically black college and threatened to prosecute students for
illegal voting after two black students said they would run for office.
But in 2009, Roberts indicated the court was troubled about the
ongoing need for a law in the face of dramatically improved conditions,
including increased minority voter registration and turnout rates.
Roberts attributed part of the change to the law itself. "Past success
alone, however, is not adequate justification to retain the preclearance
requirements," he said.
He also raised concern that the formula by which states are covered
relies on data that is now 40 years old. By some measures, states
covered by the law were outperforming some that were not.
Jurisdictions required to obtain preclearance were chosen based on
whether they had a test restricting the opportunity to register or vote
and whether they had a voter registration or turnout rate below 50
percent.
In the federal court of appeals in the District of Columbia, Circuit
Judge Stephen Williams objected that the law specifies that these
criteria are measured by what happened in elections several decades ago.
But writing for a majority that upheld preclearance, Circuit Judge
David Tatel said the question is not whether old data is being used, but
whether it helps identify jurisdictions with the worst discrimination
problems. "If it does, then even though the formula rests on decades-old
factors, the statute is rational," Tatel said.
Shelby County, Ala., a well-to-do, mostly white bedroom community
near Birmingham, adopted Roberts' arguments in its effort to have the
voting rights provision declared unconstitutional, but lost in the lower
courts. The county's appeal is among those being weighed by the high
court.
Yet just a few years earlier, a city of nearly 12,000 people in
Shelby County defied the voting rights law and prompted the intervention
of the Bush Justice Department.
Ernest Montgomery became the only black member of the five-person
Calera City Council in 2004, winning in a district that was almost 71
percent black. The city redrew its district lines in 2006 after new
subdivisions and retail developments sprang up in the area Montgomery
represented, and the change left Montgomery's District 2 with a
population that was only 23 percent black.
Running against a white opponent in the now mostly white district,
Montgomery narrowly lost a re-election bid in 2008. The Justice
Department invalidated the election result because the city had failed
to obtain advance approval of the new districts.
A lifelong resident of Calera and a church deacon, the 56-year-old
Montgomery said he doesn't know whether discrimination was involved in
the redistricting decision six years ago. But, he said, discrimination
still exists and the law is still needed.
"I think things have gotten a lot more leveled out, but we're not to the point we need," he said.
Voting is beautiful, be beautiful ~ vote.©