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Could the Voting Rights Act be Struck Down?

January 7, 2013 · 10:30 am ET · Leave a Comment

Jeffrey Toobin writes that “after the 2010 midterm elections, nineteen states passed laws that put up barriers to voting, including new photo-I.D. and proof-of-citizenship requirements, and restrictions on early and absentee voting. In most of those states, Republicans controlled the governorship and the legislature. The purported justification for the changes was to limit in-person voter fraud, but that claim was fraudulent itself, since voter fraud is essentially nonexistent.”

“It is against this backdrop that, next month, the Supreme Court will take up a challenge to the Voting Rights Act of 1965, the most effective law of its kind in the history of the United States. A century after the Civil War, the act, in abolishing many forms of discrimination employed by the Southern states, such as poll taxes and literacy tests, finally turned the legal right for African-Americans in those states to vote into an actual right to vote. Bipartisan congressional majorities have reauthorized the law four times, most recently in 2006. (It passed the House overwhelmingly and the Senate unanimously, and was signed into law by George W. Bush.) The question now is whether the Supreme Court will strike down the Voting Rights Act as a violation of states’ rights.”

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