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Supreme Court rules against section 5 of the voting rights act


The latest Supreme Court ruling is a major victory for the south. The Supreme Court ruled that counties and states can no longer be punished for alleged racial discrimination occurring over forty years ago.

Since 1965 the Federal government has been in charge of local elections in certain parts of the country.

From Washington Times…

In a 5-4 ruling, the justices said the Voting Rights Act’s requirement that mainly Southern states must undergo special scrutiny before changing their voting laws is based on a 40-year-old formula that is no longer relevant to changing racial circumstances.

“Congress — if it is to divide the states — must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions. It cannot rely simply on the past,” Chief Justice John G. Roberts Jr. wrote for the majority, which was comprised of the court’s conservative-leaning justices.

The four liberal-leaning justices dissented, arguing that racial discrimination in voting remains a real threat. The majority didn’t disagree with that, but the core of Chief Justice Roberts‘ opinion was that discrimination today looks markedly different from what it did decades ago, so the law must be changed to reflect that.

The Shelby County v. Holder ruling sparked an immediate debate about the status of race and discrimination in modern America.

“There’s just no question that the court is slowly letting go of this legacy of race in America, and is pushing it aside,” said Ward Connerly, founder of the American Civil Rights Institute. “I think the resistance you’re seeing from the NAACP, ACLU and a lot of others to the Shelby case is a recognition that the ship is moving, and it’s moving from where it was with regard to race 50 years ago — it’s moving in the direction of a post-racial era.”

The ruling leaves in place many of the protections of the 1965 law, such as banning literacy tests. It even said Congress can require some states or localities to submit their voting changes for special scrutiny.

But the court’s majority said Congress cannot use the same formula from four decades ago, which judged states based on black voter registration and turnout.