A coalition of civil rights groups has released a report that pretty much puts the lie to the Supreme Court’s ruling overturning section 5 of the Voting Rights Act. Not only does voter discrimination and suppression still exist, it’s most likely in those states that have historically done so, the states that section 5 put additional requirements on.
Just over a year after the Supreme Court ruled that the nation has made so much progress on voting rights that key legal protections are no longer needed, a coalition of civil rights groups released a report documenting hundreds of voter discrimination and suppression cases. The organizations also called on Congress to rewrite the gutted section of the Voting Rights Act.
“Voters will be more vulnerable this November than they have been in decades,” said Barbara Arnwine, Executive Director of the Lawyers’ Committee for Civil Rights Under Law, in a conference call with reporters. “Contrary to the Supreme Court’s assertion, voter discrimination is still rampant, and states continue to implement voting laws and procedures that disproportionately affect minorities.”
The report, released this week on the 49th anniversary of the signing of the Voting Rights Act, counted 332 cases in the last two decades in which voters successfully sued for violations of their voting rights, or when the U.S. Department of Justice blocked a state or county’s attempt to change their voting laws in an unconstitutional way. They counted another ten instances in which aggrieved voters settled out of court.
Tellingly, the majority of the violations happened in a small handful of states — Texas, Georgia, Louisiana and Mississippi, with South Carolina close behind — that were covered by the very Voting Rights Act formula that the Supreme Court ruled outdated and unconstitutional. As a result of the Court’s Shelby County decision, the Justice Department may no longer deploy federal observers to the formerly covered states to deter and report race-based voter suppression. The civil rights advocates that the loss of this federal monitoring program will result in “a substantial increase in voter intimidation.”
The solution to this is obvious, but can’t possibly pass with a Republican-controlled Congress that benefits in a big way from such voter suppression efforts. The solution is to rewrite the Voting Rights Act to put the strict safeguards that were previously placed only on some states on all of them.