Articles on the Voting Rights Act are increasingly being filed in the “obituary” section, even though it’s less than 50 years old. Last week, a U.S. Court of Appeals decision ruled against Shelby County, Ala., which challenged the constitutionality of VRA’s Section 5. A three-judge panel ruled 2-1 that it was still constitutional, but the dissenting judge, Senior Circuit Judge Stephen F. Williams, asked some tough questions that will need to be resolved before the Supreme Court inevitably looks at it again (In 2009, SCOTUS punted on this issue, but expressed serious skepticism about Section 5’s vitality.) Wrote Judge Williams in his dissent:
*Why should voter ID laws from South Carolina and Texas be judged by different criteria … from those governing Indiana? A glimpse at the charts shows that Indiana ranks “worse” than South Carolina and Texas in registration and voting rates, as well as in black elected officials. This distinction in evaluating the different states’ policies is rational? *
South Carolina and Texas are “covered jurisdictions” under Section 5, while Indiana, which has a worse voting record, is not. As Williams pointed out, none of those three states are among the top ten worst offenders on voting rights. So the coverage formula needs to be reconsidered, Williams concluded. The coverage formula of Section 5 is the ankle bracelet for Southern states and counties (and a few Northern counties) that have been placed on house arrest for repeated voting rights violations, mostly throughout America’s Jim Crow era. States like Alabama, Texas and South Carolina want courts to take that ankle bracelet off. Read more here.*Why should voter ID laws from South Carolina and Texas be judged by different criteria … from those governing Indiana? A glimpse at the charts shows that Indiana ranks “worse” than South Carolina and Texas in registration and voting rates, as well as in black elected officials. This distinction in evaluating the different states’ policies is rational? *
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