source: TPM
Conservative Justices Hammer The Voting Rights Act
The Voting Rights Act took a beating from conservative justices Wednesday during oral arguments at the Supreme Court.
At issue is the constitutionality of Section 5 of the 1965 law, which requires state and local governments with a history of voter disenfranchisement to pre-approve any changes that affect voting with the Justice Department or a federal court.
Oral arguments showed a sharp divide along ideological lines and suggested that the conservative majority is strongly inclined to overturn Section 5 of the half-century-old law.
A question posed by Chief Justice John Roberts to the Obama administration’s lawyer defending the Voting Rights Act captured the tenor of the proceedings.
“Is it the government’s submission that citizens in the South are more racist than citizens not in the South?” Roberts asked.
Justice Anthony Kennedy labeled the formula used for Section 5 “reverse engineering” that “obscures the real purpose.” He declared that “if Congress is going to single out states, it should do so by name.”
Kennedy said there no question Section 5 was “utterly necessary” in 1965 but its validity now is “not clear” to him. “The Marshall Plan was very good too,” he said. “But times change.”
Roberts and Kennedy led the questioning challenging the Voting Right Act. Justice Sonia Sotomayor led the questioning defending it.
Justice Antonin Scalia attributed the continued congressional reauthorization to the perpetuation of a “racial entitlement” and suggested that it will be renewed into “perpetuity” because members of Congress would never let it lapse for fear for political repercussions.
“I don’t think there is anything to gain by any senator by voting against this Act,” Scalia said. “This is not the kind of question you can leave to Congress. They’re going to lose votes if they vote against the Voting Rights Act. Even the name is wonderful.”
Justice Samuel Alito asked several hostile questions suggesting that Section 5 was unfair to the covered jurisdictions. “Why shouldn’t it apply everywhere in the country?” he asked.
Justice Clarence Thomas, who did not speak during arguments, has already signaled in a 2009 written opinion that he believes Section 5 is unconstitutional.
The purpose of Section 5 was to proactively quash voter discrimination where it’s most likely to emanate, but conservatives argue that it has outlived its purpose and now discriminates against the mostly southern regions covered.
The historic 1965 law has been reauthorized four times by Congress, most recently in 2006 for a period of 25 years. Its constitutionality has been affirmed four times by the Supreme Court, most recently in 1999.
Conservative Justices Hammer The Voting Rights Act

The Voting Rights Act took a beating from conservative justices Wednesday during oral arguments at the Supreme Court.
At issue is the constitutionality of Section 5 of the 1965 law, which requires state and local governments with a history of voter disenfranchisement to pre-approve any changes that affect voting with the Justice Department or a federal court.
Oral arguments showed a sharp divide along ideological lines and suggested that the conservative majority is strongly inclined to overturn Section 5 of the half-century-old law.
A question posed by Chief Justice John Roberts to the Obama administration’s lawyer defending the Voting Rights Act captured the tenor of the proceedings.
“Is it the government’s submission that citizens in the South are more racist than citizens not in the South?” Roberts asked.
Justice Anthony Kennedy labeled the formula used for Section 5 “reverse engineering” that “obscures the real purpose.” He declared that “if Congress is going to single out states, it should do so by name.”
Kennedy said there no question Section 5 was “utterly necessary” in 1965 but its validity now is “not clear” to him. “The Marshall Plan was very good too,” he said. “But times change.”
Roberts and Kennedy led the questioning challenging the Voting Right Act. Justice Sonia Sotomayor led the questioning defending it.
Justice Antonin Scalia attributed the continued congressional reauthorization to the perpetuation of a “racial entitlement” and suggested that it will be renewed into “perpetuity” because members of Congress would never let it lapse for fear for political repercussions.
“I don’t think there is anything to gain by any senator by voting against this Act,” Scalia said. “This is not the kind of question you can leave to Congress. They’re going to lose votes if they vote against the Voting Rights Act. Even the name is wonderful.”
Justice Samuel Alito asked several hostile questions suggesting that Section 5 was unfair to the covered jurisdictions. “Why shouldn’t it apply everywhere in the country?” he asked.
Justice Clarence Thomas, who did not speak during arguments, has already signaled in a 2009 written opinion that he believes Section 5 is unconstitutional.
The purpose of Section 5 was to proactively quash voter discrimination where it’s most likely to emanate, but conservatives argue that it has outlived its purpose and now discriminates against the mostly southern regions covered.
The historic 1965 law has been reauthorized four times by Congress, most recently in 2006 for a period of 25 years. Its constitutionality has been affirmed four times by the Supreme Court, most recently in 1999.