Voting Rights Act Before The Supreme Court

Voting Rights Act Before The Supreme Court

The U.S. Supreme Court hears arguments Wednesday in a case about the 1965 Voting Rights Act. Diane and guests discuss the key issues in the case and the future of the landmark civil rights law.

The 15th Amendment to the U.S. Constitution made it illegal for states to deny voting rights based on race or color. But Southern states enacted poll taxes and literacy tests to keep blacks from voting. Then in 1965, Congress passed the Voting Rights Act. Section 5 of the Act identified nine states for their history of discrimination. The new law required these states to get “pre-clearance” from the government before changing their voting laws. Critics of Section 5 say the formula is outdated and violates states’ rights. But supporters argue voting rights are still at risk in these areas of the country and need special protection. Diane and guests discuss the future of the Voting Rights Act at the Supreme Court.

Guests

Jeffrey Rosen

professor at George Washington University Law School and legal affairs editor of The New Republic; author of "The Supreme Court: The Personalities and Rivalries that Defined America"

Sherrilyn Ifill

director-counsel of the NAACP Legal Defense and Educational Fund.

Michael Carvin

partner at Jones Day and former Department of Justice official in the Civil Rights Division, Reagan Administration (1985-1987).

Comments

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There is NO greater right of "Free Speech" than voting..

Voting and voting rights are in direct opposition to the right wing extremist ideologues.. That dislike of Democracy is very prevalent within the T-Party 5 on the U.S.Supreme Court..

These 5 guys measure "Free Speech" by how much money is put into T-Party politicians pockets..

IF YOU CAN`T WIN AT THE POLLING PLACE,CLOSE THE POLLING PLACE..???? ...Not part of Democracy...Not part of a Republic either.... Very much a part of Fascism...

February 25, 2013 - 2:20 pm

It is now 2013 but we still focus on the outdated black - white divisions of the past. It is time to move on. Asians and East Indians have succeeded tremendously in our society (e.g. look at any IT company, professonal/graduate school) with very little political representation. Hard work, an emphasis on education, and self-reliance will take me a lot farther in today's society than worrying about the impotent remnants of discrimination that still exist in America (and not just in the South).

February 26, 2013 - 5:14 am

Dear Ernest:

   Sorry to disillusion you, but I'm afraid that's just not true. Below is a link to a story that appeared on All Things Considered, but it's the Comments to the story that's relevant.

   There were lengthy and numerous discussions of Romney's infamous "47%" remark. As you will see (if you have the strength and time to wade through them) many of the "conservatives" posting there are convinced that number is composed mainly, if not entirely, of Black "Welfare Queens".

   It's a total lie, but they insist it's true. And that (sadly) demonstrates just how much "black - white divisions" are still with us!

http://www.npr.org/blogs/itsallpolitics/2013/02/14/172027780/as-spending...

February 26, 2013 - 6:06 am

The Voting Rights Act has indeed led to profound changes – in fact it’s been an inspiration to human rights leaders around the world. That’s why 22 champions of human rights worldwide, including South African Archbishop Desmond Tutu, have signed a letter to the Court urging the justices to uphold the law. Details on our website here: http://www.afj.org/press/02252013.html

But these leaders, and their American counterparts know there still is a long way to go. Indeed, the evidence that the Voting Rights Act still is needed is overwhelming. We’ve summarized some of that evidence on our website here: http://www.afj.org/connect-with-the-issues/voting-rights-act.html

Tomorrow, when the Court hears this case, the phrase "the whole world is watching" will be more than just a cliche.

Alliance for Justice
Washington DC, www.afj.org

February 26, 2013 - 8:03 am

My point is not that discrimination doesn't exist, but rather that BOTH black and white have lost focus on what it takes to get ahead. Some whites (disturbingly) trying to maintain control over the inevitable change in demographics hang onto the old prejudices. However, some blacks (disturbingly) hold onto the view that their lack of upward mobilty is due to continued rampant discrimination even in face of significant numbers of black politicians, athletes, and entertainers acheiving success. Both, actually, are losing the race to those that focus on hard work, education, and self-reliance. Hence, my example of Asian proseprity by focusing in on those values and less on blaming others. Have you actually looked at the demographics of those graduating from our top professional schools or graduate science programs? It speaks volumes.

February 26, 2013 - 8:09 am

By labeling the Affordable Care Act as "Obamacare" is just a coincidence? Many on the left use that title, Coincidence? Not for all!

Voters should be armed with truth that should be mandatory for public broadcasting.

The loss of the Fairness Act began the brainwashing of the public for one reason. Brainwashing to establish and maintain control of government. Fox is an outstanding example.

Please talk about this Diane.

February 26, 2013 - 9:30 am

The Voting Rights Act needs to be renewed and expanded in light of ALEC legislation and T-party redistricting shenanigans.
Immigrants (naturalized) and second and third generation birth citizens with family and culture in Mexico, Central, and South America now outnumber Blacks and are also victims of voting discrimination and intimidation. The proportions of jailed and legally encumbered persons proves we remain a racist society.

Some kind soul mentioned the Fairness Doctrine in media as a guide in discussion. That policy was a two sided cookie in a multifaceted society, with Democrat heads and Republican tails. That is often the problem today in politics. Only a fool believes these two corporate bossed parties offer a full spectrum of choices and possibilities. In NC the judgeship races last time amounted to the best commercial (Superbowl extravaganzas of lies) funded by the biggest out of state billionaire PAC. The goal is outrageous austerity laws and more racial division, so that people in the same boat can't cooperate. And if that doesn't work they'll bring out the guns and have militia thugs malingering at polling places. Corporate Capitalism wrings out everything, and will resort to fascist tactics to maintain and grow profit.

Voting, if it is our greatest input to Democracy, makes a mockery with pretend elections, considering the poor choices we have in bought races between tweedledum and tweedledumber.

February 26, 2013 - 10:02 am

The Republican Party is no longer the party of Lincoln.It has become the party of Limbaugh. Remove the continuous hate diatribes,remove the bed sheets,and there is nothing else.No plan for progress..With nothing in the platform but hot air and lies,voters will wise up eventually and stop voting for those people. GERRYMANDERING..or fixing elections was their answer,last election day,or Bush v Gore in 2000. Don`t let citizens vote. Don`t count the votes.Make it difficult beyond belief.They even organized and trained people to intimidate voters,frighten them,so they go home,this is called caging.

My hope the behavior of T-Party/Republicans during the last four years,against President Obama,is RACISM..I pray it`s just their hatred of the man`s skin color...It`s unimaginable they hate out country that much,and did all this harm to our country for any other reason..I wonder though. They have discarded their oath of office,and pledge of allegiance to the United States,and vowed a new oath to Grover Norquist. A man whose goal in life to to 'Drown the United States`s government in the bath tub... Scary

February 26, 2013 - 10:17 am

There should be nationwide voter photo ID laws and be done with it already. Voter fraud exists, the perception is it is wide spread, the perception is that it undermines fair elections, for that reason alone it is justified. Voter ID laws are supported 3 to 1, seventy five percent, the only people that do not support it are the hardcore left, the same people who make a living on the backs of the "permanent victim".

Mindblowing Accounts Of Milwaukee Voting Fraud In 2012 Election

http://www.westernjournalism.com/mindblowing-accounts-of-milwaukee-votin...

February 26, 2013 - 10:23 am

Blueneck BillyBob wrote: " Remove the continuous hate diatribes,remove the bed sheets,and there is nothing else.No plan for progress..With nothing in the platform but hot air and lies,voters will wise up eventually and stop voting for those people."

That's you Clifford and all your other user names.

February 26, 2013 - 10:25 am

"A Nevada Republican arrested for voter fraud in the 2012 election, after claiming she was trying to test the system's integrity, pled guilty and accepted a plea deal Thursday, forcing her to pay almost $2,500 and promise to stay out of trouble.

Roxanne Rubin, 56, a casino worker on the Las Vegas Strip, was arrested on Nov. 3, 2012 after trying to vote twice, once at her poling site in Henderson and then at a second site in Las Vegas. The poll workers at the second site said that she had already voted, but Rubin said that she hadn't and insisted on casting a ballot, which the poll workers refused to allow her to do". Huff Post"

Republicans claim voter fraud,but by who? Mitt Romney boasted of being in Utah,living and working to save the Olympics.Yet, to the Massachussetts media he boasted of voting against Ted Kennedy. That admission of fraud speaks volumes.

ANONYMOUS... was reported to have hacked Ohio`s Secretary of State`s conversations with Karl Rove.They threanening to expose them if they continued with their plans to use software created by the Romney group.The plan Rove was so confident he could rely on to rig the election.

February 26, 2013 - 11:10 am

Guide to tell if a Voter ID law is being used to interfere with the right to vote instead of improving the process:

  1. The law is passed without time for affected voters to be issued IDs (reason PA law was struck down for last election).
  2. The voter registration card issued for voters to use to vote is insufficient to vote.
  3. New usable voter registration cards are not sent to all registered voters.
  4. It is shown that the Voter ID law disproportionately affects one party with no significant remedy.
  5. An insider to the legislation drafter announces that the purpose of the law is to weight the vote in favor of their candidates.
  6. Whereas in person voter fraud is easy to detect and rarely done in this millennium, no parallel legislative effort is forthcoming to deal with fraud with absentee ballots where fraud is more likely.
February 26, 2013 - 11:16 am

I am a white Southern male. I am a voter.

I support the Voter Rights Act in its entirety. There is no burden on the States- and even if there were the right for citizens to vote would justify those burdens. If anything the Act should be expanded.

The Supreme Court is starting to be just another political arm of the parties. I now ignore the court as its rulings can be guessed before-hand. The conservative justices take our freedoms from us and destroy laws they disagree with, not on Constitutional grounds, but based on their personal political views.

February 26, 2013 - 11:31 am

I apologize for this question, for I am sure I should know the answer but I do not.

Why are these States arguing for the removal of this law? Do they wish to continue to discriminate? What are they wanting to do?

Thanks for these answers.
Vikki

February 26, 2013 - 11:34 am

MtnWoman:
You will find that all of the states objecting to the law are "RED" states.

Yes, they want to discriminate.

If allowed to discriminate, they could perpetuate a legacy of discrimination and maintain the status quo.

February 26, 2013 - 11:48 am

My problem with the states' rights argument is that there is only a win for the states in limiting voting to their own bias.

The South was able to keep first slavery & then segregation legal on a federal level because they were able to both count blacks as population for representational purposes but not allow them to actually vote. This gave every white Southerner before 1965 a heavier weighted presence in Congress than representatives from other jurisdictions.

Let's change Congressional representation from population to registered voters.

Then if they want to limit voting, fine. Less Congressional districts, fewer Representatives. Want to require tougher ID? Fine, lose a seat.

Anyone want to bet that the push for full voting will go a lot faster then?

February 26, 2013 - 11:49 am

One man one vote..is eliminated with GERRYMANDERING...
We`re back to the bad old days of 3/5 of a vote = 3/5 ths of a citizen.

February 26, 2013 - 11:49 am

I am sick and tired of white people telling us, black people, what we perceive. What does the right to vote have to do with making it? I have voted, here, in Ohio, since I turned 21 in 1970 and NEVER needed an ID, I watched how the republicans continually try to take my right to vote away and then have the temerity to say it isn't happening any longer. Husted tried, here. They have tried everywhere. State's Rights is what started this keg of worms and the idiot sits there and still spout it. Too many people are dead to get this vote. 4 little girls in church blown up by goood old Christians, no less. Medgar Evers. The Civil Right's Workers buried in a dam. I could go on ad nauseum. NOTHING has changes, so stop protesting. Oh, I come from an upper middle class family whose parents could not vote in jim crow Louisiana. They still made it.

February 26, 2013 - 11:50 am

I find it remarkable that the District of Columbia's lack of representation has not even come up, even once, in a discussion of fundamental voting rights.

February 26, 2013 - 11:52 am

Why is Mr. Carvin so determined to argue that theire is little need for the Voters Rights Act in the South. He worked in the civil rights division and he must know the truth. I can only assume that he is like so many Republicans so entrenched is his ideological view of the world, that he cannot see the truth which is rigth before his face. Sad commentary.

February 26, 2013 - 11:54 am

WillT26 wrote: "The Supreme Court is starting to be just another political arm of the parties.

"Starting" how do you think all those unconstitutional federal welfare programs got started.

WillT26 wrote: "The conservative justices take our freedoms from us and destroy laws they disagree with, not on Constitutional grounds, but based on their personal political views."

It ain't the conservatives that rely on the lie of the liberal progressive invention of the "living Constitution" to make decisions.

But I do agree that both conservative and liberal justices have fallen short in their sworn oath to uphold and apply the Constitution as intended, but the "progressives" have been much worse.

February 26, 2013 - 11:55 am

the smug tones from those states who refer to the voting rights act as "outdated" or in need of "moving into the 21st century" are so arrogantly inappropriate as to warrant a stern rebuke when we remember the clear and indisputable backwardness that is the history of those same states. How dare they? They have not yet earned back the right to be trusted by a society still committed to principles of justice.

February 26, 2013 - 12:08 pm

How to tell if a post on this board makes has little bearing on reality:

  • Person claims that programs that have been upheld by the Supreme Court are unconstitutional.
  • Civics course needed to explain that the Supreme Court, not random individuals, decide the constitutionality of laws.
  • Over 200 years of jurisprudence is insufficient to warrant a reconsideration of ones views.
  • Person seems to be stuck in 1859 and unaware of amendments to the constitution past that date.
  • Person will repeat contentions and assert that all evidence reinforces their position despite subject matter experts' analysis with the opposite conclusions (just wait and watch)
  • Person pathologically uses "Democrat Party" instead of Democratic Party.
February 26, 2013 - 12:24 pm

What a pleasant surprise that Rehms invited Carvin to participate. Normally, facts are hard to come by on NPR. It's a shame that the NAACP sent Ifill, as it would be illuminating to hear a better advocate try to justify the NAACP's arcane position. Carvin ran rings around Ifill, and unless Roberts ducks another difficult decision the NAACP’s position will fail miserably in the SCOTUS. That is if the only justice that counts (Kennedy) wakes up with his head screwed on straight.

The SCOTUS gave Congress more than fair warning that it should change the law to remedy its arbitrary coverage, mind the constitution, and update a well-intentioned effort, but unfortunately neither the Congress, the Democrat majority, nor the President did anything about it. Now the NAACP is scrambling mindlessly (using nothing but partisan, Obama-like red herrings) in its effort to hang onto a piece of legacy legislation that no longer addresses current realities.

This is to say nothing of the NAACP’s real, unstated purpose, which is to help the Dem’s maintain safe districts. Democrats are as obsessed by race as they are addicted to baloney scare tactics. God help the Democrats if African Americans ever wake up to the fact that voting for people Sheila Jackson Lee over and over is just plain nuts.

Like your dear, hypocritical leader once said (and I paraphrase) if you can't beat them on the merits... beat 'em up. Let the race baiting begin!

NPR is one of the most egregious purveyors fantasy in the business. I am embarrassed for everyone involved. The least your organization could do is to stop pretending that it’s reporting the news. It’s not so much that it’s partisan. What’s ridiculous is your willful ignorance of the facts.

February 26, 2013 - 12:20 pm

Also, your comments are ridiculous. Did you even listen to Carvin? Stop claiming that he and his camp is against voting rights. Should the law cover New York and not Arkansas? Should a government agency tell a municipal district in Austin (it's the liberal Island in Texas) that it can't change the polling place? Why do you think your Dem leaders want to keep things as they are? Because of votes. Why do you think Republicans let Dems keep things the way they are? First, they fear being painted by your machine as racists. But as Carvin pointed out, Repubs are more than happy to pick up the scraps and make all the districts surrounding mandated minority districts safe for their candidates.

This law has been abused, and it's not accomplishing its mandate. SCOTUS was not divided in strongly signaling to Congress that it needed to act or else. Now it's or else. And all you people want to do is squawk about racism. Good grief. The hypocrisy is stifling here in la la land.

February 26, 2013 - 12:29 pm

citizencontact wrote: "How to tell if a post on this board makes has little bearing on reality'

How can you identify a partisan hack who is trying to come off as an intellectual non partisan arbitrator of the truth?

They only reply to conservative commentators and ignore the great preponderance of left wing vitriol.

February 26, 2013 - 12:46 pm

WillT26 wrote:
" I now ignore the court as its rulings can be guessed before-hand. "
Bet you didn't guess NFIB v. Sebelius!

February 26, 2013 - 12:48 pm

Thank you for your response.
Living in Northern CA. and being retired for more than a decade, I suppose I am out of touch with this sort of thinking. I am shocked by this action of these States, especially in 2013.

February 26, 2013 - 12:49 pm

john hutchinson wrote: " ignorance "

He made a lot of good points. What did you offer? insults!

February 26, 2013 - 1:11 pm

Hey, cc! How's life in the firehouse today?!

February 26, 2013 - 1:12 pm

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