- The Supreme Court decided on Monday not to strike down Section 5 of the Voting Rights Act, a protection for the right of minorities to vote. That was very good news. The less good news is that the court, which has repeatedly upheld the constitutionality of Section 5, said it raises serious constitutional concerns. The ruling may signal that the court will be tempted in a future case to strike down this important safeguard.
Congress enacted Section 5 to clamp down on election officials who use tactics like gerrymandering and closing polling places to suppress and dilute minority votes. It requires states and local governments to “preclear” changes in voting rules with the Justice Department or a federal court to determine whether they would harm minority voting rights.
Update. An interesting discussion about this at Slate.
