U.S. Supreme Court Issues Decision on Voting Rights Act, Leaving Non-Discrimination Requirement Intact

The United States Supreme Court issued its decision in Northwest Austin Municipal Utility District No. 1 v. Holder, leaving in place the preclearance requirement of the Voting Rights Act of 1965 and avoiding a constitutional challenge to what is widely considered this country’s most successful piece of civil rights legislation. Under Section 5 of the Act, certain states and local governments with a history of discrimination must “preclear” with the Department of Justice or with a federal court any changes to their election laws or procedures. The purpose of Section 5 is to prevent states from enacting policies or legislation that negatively affect the voting rights of ethnic, racial, or language minorities. A jurisdiction covered by the Act may seek an exemption from the preclearance requirement by demonstrating that it has satisfied the Act’s “bailout” criteria, including that it has not discriminated against minority voters for a 10-year period, has taken affirmative steps to increase minority participation in the electoral process, and has sought to eliminate the harassment and intimidation of persons seeking to register and vote. In the case, the Supreme Court held eight-to-one that the municipal utility district, a small political subunit that was created in 1987 and did not have a history of explicit discrimination, could seek a “bailout.” The Court declined to decide, as some observers hoped it would, whether Section 5 is no longer constitutional because it fails to account for political conditions that have changed since it was first enacted.

Justice Ruth Bader Ginsburg called the case “perhaps the most important of the term,” and pro-enfranchisement groups applauded the Court for deciding the case purely on the bailout question. However, Chief Justice John Roberts, wrote for the majority that Section 5 “raise[s] serious constitutional questions”, and hinted that Section 5 may be susceptible to future challenges.

The Voting Rights Act is credited with significantly increasing voter registration among African Americans and Latinos and with providing a framework for challenging discriminatory election systems that dilute minority voting strength. Donna Brazile, Vice Chair of Voter Registration & Participation at the Democratic National Committee, has described the right to vote, which is protected by the Act, as “the lifeblood of our democracy.” Please join the Democratic National Committee in continuing to support the Voting Rights Act, and a voting process that is open and accessible to all eligible voters.