Tomorrow morning, the Supreme Court will hear oral arguments in a challenge to a pivotal section of the Voting Rights Act of 1965. The part of the VRA that’s under attack is Section 5, which requires the Justice Department or a federal court to approve changes to voting laws in states and counties that have a history of racially discriminatory voting practices before those laws can go into effect. The lead-up to last year’s elections, in which state legislatures passed a slew of discriminatory voter suppression measures, showed just how much Section 5 is still needed.
Today, People For the American Way Foundation released a new report from Senior Fellow Jamie Raskin detailing the history and continued need for Section 5 of the Voting Rights Act and what progressives can do to ensure equal voting rights in the years to come. Raskin writes:
A decision against Section 5 preclearance or the Section 4(b) coverage formula would likely spell the political demise of the Voting Rights Act, even if it is theoretically salvageable by an updated coverage formula or an even more relaxed preclearance procedure. Our paralyzed, deadlocked Congress will never come to terms on how to revive and renovate it if the Court knocks it down or puts it into a tiny little straitjacket.
Win, lose, or draw, progressives should reckon with the prospect that the days of this landmark statute might be numbered. This means that we need to take up an ambitious democracy and voting rights agenda of our own for the new century, this time with explicitly universalist aims and general terms that deal with the complex suppression of democracy today. The voting rights struggles of the new century relate not just to old-fashioned racial trickery in Alabama and Texas but new-age vote suppression in Florida, Pennsylvania and Ohio; they involve not just traditional vote dilution in the South but the increasingly untenable disenfranchisement of 600,000 Americans in Washington, D.C and 3.6 million Americans in Puerto Rico.
Also today, PFAW Foundation’s Director of African American Religious Affairs, Minister Leslie Watson Malachi, wrote in the Huffington Post about the challenges that people of color still face at the ballot box, nearly half a century after the passage of the Voting Rights Act:
In 2011 and 2012 I organized faith leaders from 22 states in combating voter suppression efforts and turning out the vote among specific communities. This election cycle offered many powerful reminders why Section 5 of the Voting Rights Act is still needed. Texas, for example, passed a discriminatory voter ID law that would have required voters to present government-issued photo ID at the polls, which would have especially burdened poor people and people of color. But because Section 5 of the Voting Rights Act still stands, this law was defeated and the right to vote was protected. Reverend Simeon L. Queen of Houston, Texas, a comrade in the struggle, reflected: "It is inexcusable that nearly 50 years after the passage of the Voting Rights Act, politicians are still trying to make it harder for African Americans in Texas to vote. I wish the Voting Rights Act wasn't still necessary, but thank the Lord it's still there."
Since 1980 I have been fortunate to work with men and women, some who started before I was born, to fight for laws protecting the right to vote. Despite the commitment of those who devoted their lives to voter protections, the right to vote remains fragile for many Americans. From voter ID laws to restrictions on early voting, as a country we cannot allow anyone to say "this isn't a problem anymore" to communities who are experiencing, as others witness, those problems at the polls each election.