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SCOTUS strikes portion of Voting Rights Act; will hand down term’s final decisions Wednesday

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The Supreme Court of the United States held Section 4 of the Voting Rights Act is unconstitutional Tuesday, ruling that its formula can no longer be used as a basis for subjecting jurisdictions to pre-clearance. The case stems from Shelby County in Alabama asking for a declaratory judgment that sections 4(b) and 5 are facially unconstitutional and a permanent injunction against their enforcement.

The Voting Rights Act of 1965 was created to address racial discrimination in voting. Section 4 provides a “coverage formula,” defining the “covered jurisdictions” as states or political subdivisions that maintained tests or devices as perquisites to voting and had low voter registration or turnout. Section 5 says no change in voting procedures can take effect until approved by authorities in Washington, D.C. The states covered by the original enactment were Alabama, Georgia, Louisiana, Mississippi, South Carolina and Virginia, but subsequent amendments of the Act added other states or portions of other states and it now applies to nine states and several additional counties.

The coverage formula and preclearance requirement have been reauthorized over the years, but the coverage formula has not changed.

The 5-4 decision in Shelby County v. Holder, 12-96, delivered by Chief Justice John Roberts, held Section 4’s formula is unconstitutional in light of current conditions. The provisions of Section 5 only apply to those jurisdictions singled out by Section 4.

“Nearly 50 years later, things have changed dramatically,” Roberts wrote. “The tests and devices that blocked access to the ballot have been forbidden nationwide for over 40 years.”

“Striking down an Act of Congress ‘is the gravest and most delicate duty that this Court is called on to perform.’ We do not do so lightly,” he continued. “That is why, in 2009, we took care to avoid ruling on the constitutionality of the Voting Rights Act when asked to do so, and instead resolved the case then before us on statutory grounds. But in issuing that decision, we expressed our broader con¬cerns about the constitutionality of the Act. Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare §4(b) unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.”

Associate Justice Clarence Thomas wrote a concurring opinion in which he explained that he would find Section 5 unconstitutional as well. Associate Justice Ruth Bader Ginsburg authored a dissent, joined by Associate Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. She wrote, “The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proven effective. The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed. With that belief, and the argument derived from it, history repeats itself.”

The justices also handed down:
•    Adoptive Couple v. Baby Girl, 12-399, which held assuming for the sake of argument that the biological father is a “parent” under the Indian Child Welfare Act of 1978, neither Section 1912(f) nor (d) bars the termination of his parental rights; and
•    Koontz v. St. Johns River Water Management District, 11-1447, which held the government’s demand for property from a land-use permit applicant must satisfy the Nollan/Dolan requirements even when it denies the permit.

The Supreme Court will meet for the last time this term at 10 a.m. Wednesday to hand down decisions, which likely will include the two cases addressing same-sex marriage and the Defense of Marriage Act: Hollingsworth v. Perry, 12-144, and United States v. Windsor, 12-307.

The other case expected to be handed down is Sekhar v. United States, 12-357, which asks whether the recommendation of an attorney who is a salaried employee of a governmental agency, in a single instance, is tangible property that can be the subject of an extortion attempt under 18 U.S.C. Section 1951 and Section 875(d).

 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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