National civil rights advocates are expressing dismay in the wake of the U.S. Supreme Court’s decision to strike down Section 4 of the Voting Rights Act that designated that parts of the country must have changes to their voting laws cleared by the federal government or the federal courts.
In a 5-4 ruling authored by Chief Justice John Roberts, the mostly conservative wing of the high court ruled in Shelby County v. Holder that “things have changed dramatically” in the South in the nearly 50 years since the Voting Rights Act was signed into law by President Lyndon B. Johnson in 1965.
But civil rights advocates said that the court’s decision was a major step backward, particularly in light of voter suppression efforts in last year’s 2012 presidential election that aggressively targeted minority and college students.
“This is a devastating blow to Americans, particularly African-Americans, who are now at the mercy of state governments,” says the Reverend Al Sharpton, president of National Action Network and an MSNBC host. “Given last year’s attempts by states to change voting rules, it is absurd to say that we do not need these protections.”
Roberts, along with Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, faulted Congress for failing to update the formula of the act when it last expired.
“Congress could have updated the coverage formula at that time, but did not do so,” wrote Roberts. “Its failure to act leaves us today with no choice but to declare (Section 4) unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.”