Photo: Library of Congress
On the heels of Barack Obama’s surprisingly swift victory, the Supreme Court said Friday it’s reviewing a 1965 law aimed at cracking down on bias against black voters.The court will consider striking down section 5 of the Voting Rights Act, which requires states with histories of bias to run any changes in their electoral law by the federal government.
The Project on Fair Representation – which is bankrolling the Voting Rights Act challenge – argues the law is no longer Constitutional because states don’t systematically discriminate against minorities anymore.
Chief Justice John Roberts seems to take that view, too.
In 2009, Roberts suggested the law is oudated in an opinion that declined to rule on whether the law was Constitutional, Jeffrey Toobin has pointed out in The New Yorker:
“Things have changed in the South,” Roberts wrote. “Voter turnout and registration rates now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels.”
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