Breaking News - SCOTUS Strikes Down Section 4 of the Voting Rights Act - Granite Grok

Breaking News – SCOTUS Strikes Down Section 4 of the Voting Rights Act

Updated

Breaking News – in a 5-4 decision the US Supreme Court has struck down Section 4 of the Voting Rights Act as unconstitutional.

Striking down an Act of Congress “is the gravest and most delicate duty that this Court is called on to perform.”  Blodgett v. Holden, 275 U. S. 142, 148 (1927) (Holmes, J., concurring). We do not do so lightly. 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 concerns 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.

Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in §2. We issue no holding on §5 itself, only on the coverage formula. Congress may draft another formula based on current conditions. Such a formula is an initial prerequisite to a determination that exceptional conditions still exist justifying such an “extraordinary departure from the traditional course of relations between the States and the Federal Government.” Presley, 502 U. S., at 500–501. Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.

Congress must find state laws that discriminate instead of assuming they exist as a way to interfere with state sovereignty.  Put another way, things are different but nothing has changed.  Why then do I suspect that the party of change will not approve?

We have Towns in New Hampshire that will approve, I can tell you that much.

 

Update: Didn’t take long… Liberals losing their minds, call it a return to slavery…

and here.

 

Majority Decision (Shelby County Alabama v. Holder, Attorney General)

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