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Supreme Court narrows Voting Rights Act, but allows it to survive.

Despite widespread fears that the Supreme Court would strike down an important provision of the Voting Rights Act, the Court instead handed down an 8-1 decision today that chips away at the landmark law, but allows an endangered provision to survive. The case involved Section 5 of the Act, which requires voting districts that have historically engaged in discrimination to “preclear” any new voting rules changes they make with a federal court or the Department of Justice. Under today’s decision, Section 5 will remain in effect, but voting districts are allowed to “bail out” of its requirements if they can show that they have not recently engaged in race discrimination and are not likely to do so in the future.

Update In a separate ruling today, the Supreme Court announced it will not give further consideration to a lawsuit brought by Valerie Plame and Joe Wilson against high ranking Bush administration officials, including former Vice President Dick Cheney.


25 Responses to “Supreme Court narrows Voting Rights Act, but allows it to survive.”

  1. Zooey says:

    Under today’s decision, Section 5 will remain in effect, but voting districts are allowed to “bail out” of its requirements if they can show that they have not recently engaged in race discrimination and are not likely to do so in the future.

    How do you prove a negative?


  2. Ian M. says:

    Zooey says:

    Under today’s decision, Section 5 will remain in effect, but voting districts are allowed to “bail out” of its requirements if they can show that they have not recently engaged in race discrimination and are not likely to do so in the future.

    How do you prove a negative?

    The Court explained that voting districts may opt out of Section 5 if they meet the following criteria:

    [The district] must show that for the previous 10 years it has not used any forbidden voting test, has not been subject to any valid objection under § 5, and has not been found liable for other voting rights violations; it must also show that it has “engaged in constructive efforts to eliminate intimidation and harassment” of voters, and similar measures.


  3. Anonymouse says:

    Does having black panthers with baseball bats outside of a voting station count?


  4. Anonymouse says:

    Thanks, Ian. You just answered my question.


  5. amish_edison says:

    Hey, it’s good to know that treason by the Vice President is now legal. Joe Biden, get to it!!! Time to start outing undercover operatives for political gain, buddy!

    First, Eric Holder’s inaction legalizes kidnapping, torture, and murder. Now the SCOTUS upholds treason. God Bless justice and democracy! Well, at least for the wealthy and those in power! Huzzah!


  6. hellinabucket says:

    So in order to protect national security it’s ok to release a secret agent’s name. President Obama, you failed on this.


  7. Anonymouse says:

    How many failures does this make, bucket? I’ve lost track.


  8. Witch1 says:

    When I was very young, 60 + years ago, got mad and knew I wasen’t suposto cuss use to go to my room and say out loud “shit, damn, hell”…Avoiding the soap in the mouth thingie…I’m older and allowed now, so, shit, damn, hell and adding WTF? …Dismanteling law’s one at a time…..No accountability..P, B, & J


  9. cd says:

    Valerie and Joe are awsome!

    (I’ve met them)


  10. Zooey says:

    Ian M. Says:
    June 22nd, 2009 at 12:01 pm

    Thanks, Ian. I guess I just don’t trust any “opt out” option in regard to voting rights.


  11. Zooey says:

    Update: In a separate ruling today, the Supreme Court announced it will not give further consideration to a lawsuit brought by Valerie Plame and Joe Wilson against high ranking Bush administration officials, including former Vice President Dick Cheney.

    SCOTUS provides cover for BushCo — doing the job they were chosen to do.


  12. hellinabucket says:

    Anonymouse, I speak my mind. I don’t goosestep behind, blindly being led. The irony here is that Bush’s abuse of powers have now been handed over to the Obama administration. Something that Bush/Cheney thought they needed so badly is now in the hands of another party. The losers are the american people.

    You want to play titfortat, go ahead. I want justice.


  13. Dru Phlea says:

    hellinabucket Says:

    So in order to protect national security it’s ok to release a secret agent’s name. President Obama, you failed on this.

    How is it president Obama’s fault that the SCOTUS won’t review Mrs. Wilson’s case? Please point out the section of the constitution that grants the president the authority to pressure the supreme court to do what he wants.


  14. Dru Phlea says:

    supreme court to do what he wants.

    Supreme Court into doing what he wants.


  15. hellinabucket says:

    Dru Phlea, the current Justice Dept. has been taking the same side as the previous administration. They are using the same arguments as Bush did.

    Don’t form a narrow question and expect the answer you want. There are many things not in the constitution that Presidents do. Signing statements come to mind.


  16. pastcaring says:

    “In May, the Obama administration also sought the dismissal of a Supreme Court petition that Valerie Plame and Joseph Wilson filed…”

    Source

    DOJ Filing


  17. LibertyLover says:

    I would not have been surprised if the SCOTUS completely let this go. At least they realize that voter suppression still happens in this country.

    I wonder who the dissenting vote was?

    Too bad for Plame/Wilson, can’t say that I’m not surprised.


  18. pastcaring says:

    LibertyLover Says:
    I wonder who the dissenting vote was?

    ROBERTS, C. J., delivered the opinion of the Court, in which STEVENS, SCALIA, KENNEDY, SOUTER, GINSBURG, BREYER, and ALITO, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment in part and dissenting in part.

    Source: Supreme Court Opinion


  19. pastcaring says:

    FreeMarketLiberal Says:
    I see a college education doesn’t provide dignity nor does it cure a bad case of linear thinking.

    You sound like you’re looking for a forum for self-disclosure…AA is down the hall…No, I don’t care what you presume to ‘think’, please do not reply…


  20. hellinabucket says:

    FML is just posting the same message everywhere.


  21. hormiga brava chavez says:

    Racism is still a very real problem in America and this is not the time to tamper with the Voting Rights Act. It’s obvious that the current SCOTUS is out of touch with reality.

    I don’t see how any blame for these SCOTUS decisions can be laid on the Obama Administration. The Obama Administration can not control SCOTUS rulings/decisions.


  22. pags2 says:

    The Supreme Court is denying Plame and Wilson their day in court because it will embarass Bush and Cheney and their acolytes.


  23. deschl says:

    LibertyLover Says:
    I wonder who the dissenting vote was?

    Let’s take a wild guess could it be the blackest sellout of the bunch, Justice Clarence “Uncle Tom” Thomas.


  24. stateofthedivision says:

    From Truthout:

    The Obama administration’s representative before the Supreme Court, Solicitor General Elena Kagan, had also sought the dismissal of the civil suit. Kagan argued that the Wilsons had no legitimate ground to sue and further argued that Ambassador Wilson failed to prove that he was harmed by the attacks he endured from Cheney and others for accusing the Bush administration of twisting prewar Iraq intelligence.

    That was not the first time Obama’s Justice Department has backed the Bush administration’s position on issues related to the CIA leak case.




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