Recently, a three-judge panel of the U.S. Fifth Circuit Court of Appeals ruled that a section of the Voting Rights Act (VRA) was unconstitutional, potentially limiting the enforcement of the landmark civil rights law. The VRA was enacted in 1965 to protect the right to vote of minority citizens, particularly those in the South.
This recent ruling relates to Section 2 of the guideline, which has been interpreted by the courts as prohibiting discriminatory voting laws and practices that burden or disenfranchise minority voters. The Court found that Sections 2 and 5 of the VRA were unconstitutional because they exceeded Congress’ power to enforce the Fifteenth Amendment, which prohibits race-based discrimination in voting.
While the ruling is not likely to have an immediate effect on voter protection laws, it could allow certain states to make it more difficult for certain racial and language minorities to cast their ballots. While Section 5 of the VRA, the preclearance requirement, can still provide protection, the Court’s ruling could limit its scope by requiring states to submit specific changes to the Department of Justice (DOJ) for approval.
Additionally, the ruling could have implications for Section 2 of the VRA, which permits nationwide relief against discriminatory voting laws and practices that disproportionately burden racial and language minority voters. This could result in challenges for civil rights advocates who seek to proactively protect minority voting rights.
The decision is currently under review, but it could lead to significant revisions of the VRA and its implementation in upcoming elections. This could result in challenges to voter protection efforts and could ultimately lead to an erosion of voting rights for minority citizens.
As such, it is essential that voters remain aware of their rights, stay engaged in the political process, and advocate for effective voter protection laws to ensure that nobody is prevented from exercising their right to vote.