The Voting Rights Act lawsuit plaintiffs from Shelby County, Alabama, and many of the Republican legal and political class who support overturning the VRA, need to take a step back and briefly consider the adage: “be careful what you wish for, ’cause it might come true.”
The United States Supreme Court heard oral arguments for and against the Shelby County case on Wednesday. The complaint challenges the constitutionality of parts of Sections 4 and 5 of the 1965 Voting Rights Act that Congress last renewed for a 25 year period in 2006.
Based upon the Justices’ questioning of the participants plus their recent past rulings and writings about the Voting Rights Act, the Shelby County plaintiffs have a reasonable chance for victory but not without unintended consequences. For it is unlikely that the petitioners and vocal Republicans who support overturning the VRA want the Democratic Party to regain control of southern state legislatures and re-assume majority status in the House of Representatives. Yet, such a result will almost assuredly happen.
The case’s main tenet attacks the Act’s outdated “triggering mechanism.” When the legislation was first enacted in 1965, jurisdictions that saw a voting age population turnout falling below the 1964 presidential election standard were placed under VRA supervision.
During the Nixon administration, the VRA was amended to designate 1968 and the then-upcoming 1972 as triggering presidential elections. Such is the last time Congress altered the criteria, which is the basis of Shelby County’s complaint. Their local election officials argue that 40-year-old political data is not representative of the region’s contemporary electoral status.
The government contends that because the legislation contains what is known as a Continue reading >