Might the Supreme Court gut a key part of the Voting Rights Act?

Key Concepts

• Voting Rights Act of 1965: Landmark federal legislation in the United States that outlawed discriminatory voting practices adopted in many Southern states after the Civil War.
• Preclearance: A provision of the Voting Rights Act that required certain jurisdictions with a history of discrimination to obtain federal approval before implementing any changes to their voting laws or procedures.
• Supreme Court: The highest court in the United States, responsible for interpreting the Constitution and federal laws.
• Shelby County v. Holder (2013): A Supreme Court decision that struck down the preclearance formula used in Section 4(b) of the Voting Rights Act, effectively rendering Section 5 (the preclearance requirement) inoperable.
• Voter Suppression: Practices or tactics intended to prevent eligible voters from casting their ballots.
• Historical Black Colleges and Universities (HBCUs): Institutions of higher education in the United States that were founded before 1964 with the primary mission of educating Black Americans.

The Fight for Voting Rights and Current Challenges

This report details the ongoing struggle for voting rights in the United States, focusing on the historical context of the Voting Rights Act of 1965 and the current threats it faces. The narrative highlights the experiences of individuals who fought for these rights and their concerns about recent legal and political developments.

Historical Context: The Battle for the Ballot

• Wina Cannon's Experience: The report features Wina Cannon, an 85-year-old civil rights activist who was arrested 19 times for her involvement in the fight for the Voting Rights Act. She recounts the discriminatory practices faced by Black voters in the 1960s, including literacy tests and arbitrary questioning designed to disenfranchise them. She likens these tactics to the scenes depicted in the movie "Selma," where voters were subjected to impossible questions, such as naming all 67 county judges in Alabama.
• Sacrifice and Struggle: Cannon emphasizes the immense sacrifice, including physical violence and imprisonment, that civil rights activists endured to secure voting rights. She expresses deep concern that the progress made is now at risk.

The Supreme Court's Impact on Voting Rights

• Shelby County v. Holder (2013): The report identifies the 2013 Supreme Court decision in Shelby County v. Holder as a significant blow to the Voting Rights Act. This 5-4 ruling invalidated the formula used to determine which jurisdictions were subject to Section 5's preclearance requirement.
• Consequences of the Ruling: Since the Shelby County decision, an investigation by ABC News and its data team found that nearly 20% of American polling places have closed, with a disproportionate number of these closures occurring in majority Black and Brown communities.
• Current Supreme Court Considerations: The report notes that a more conservative Supreme Court is currently considering cases that could further dismantle or eliminate the Voting Rights Act altogether. Justices have expressed the view that race-based remedies, while permissible for a period, should not be indefinite.

Divergent Perspectives on the Voting Rights Act

• Arguments for Ending the Act: Troy Rowling, a former Michigan Republican Party vice chair and supporter of the president, argues that the Voting Rights Act is no longer necessary. He believes that the level of racism prevalent in the 1950s and 60s has diminished and that Black Americans are now voting and achieving elected office in significant numbers. He views the current situation as a "celebration point" where progress should be acknowledged and the focus shifted to other issues.
• Arguments for Maintaining the Act: In contrast, Ma Olsen, daughter of a white preacher who was beaten for his involvement in the Selma marches, strongly advocates for the continued necessity of the Voting Rights Act. She argues that despite advancements, efforts to suppress votes persist through tactics that make voting more difficult, even if not explicitly prohibiting it. She believes the current administration and the Supreme Court are "selecting the voters that they think are the ones that should be voting," which she deems unacceptable.

The Personal Cost of Voting Rights

• Wina Cannon's Continued Fight: Despite her terminal illness, Wina Cannon remains committed to voting. Her local polling precinct has closed, forcing her children to drive her downtown to cast her ballot, highlighting the practical challenges faced by voters due to precinct closures. She emphasizes the importance of voting as a means of overcoming obstacles and preventing a regression to past injustices.
• The Legacy of Sacrifice: Ma Olsen reflects on her father's near-death experience and the sacrifices made by millions like him. She invokes Martin Luther King Jr.'s quote about the "long arc of the moral universe" bending towards justice, underscoring that the journey towards justice is ongoing and requires continued vigilance.

Conclusion: The Ongoing Struggle for Equal Access to the Ballot

The report concludes by underscoring the critical importance of voting as a fundamental right and a tool for progress. The experiences of Wina Cannon and Ma Olsen, alongside the data on polling place closures, illustrate that the fight for equitable voting access is far from over. The potential weakening or elimination of the Voting Rights Act poses a significant threat to democratic participation, particularly for minority communities. The central message is that continued engagement and voting are essential to prevent a rollback of hard-won civil rights.