During a tense oral
argument, which went beyond the scheduled one hour, the nine justices
considered the claim made by officials from Shelby County, Alabama, that Section 5 of the Voting Rights Act was no longer needed.
Attempts to limit Section 5 come amid what critics call
concerted efforts by Republicans at the state level to suppress the
vote of blacks and other Democratic-minded demographic groups.
Earlier this month, President Barack Obama,
the first black U.S. president, decried barriers to voting in America
and announced a nonpartisan commission to address voting issues.
Section 5 enables Congress to exercise its authority
under the Constitution's 15th Amendment, which gave blacks the right to
vote, to require some states, mainly in the South, to show that any
proposed election-law change would not discriminate against minority
voters.
Justice Anthony Kennedy,
the court's swing vote on racial issues, at one point during the
argument said "times change" when it comes to weighing whether the nine
states in question should be treated differently from other states.
This appeared to be a view shared by other justices on
the wingnuts of the court, including Chief Justice John
Roberts.
At one point, the chief justice asked the Obama administration's lawyer, Solicitor General Donald Verrilli,
if it was the government's position that "citizens in the South are
more racist than citizens in the North." Verrilli said that was not the
government's position.
Justice Antonin Scalia,
one of the other wingnuts, said that the court should be skeptical
of Congress' decision to reauthorize the law in 2006 because it would
be politically damaging for politicians to vote against it.
He described the political phenomenon as the "perpetuation of racial entitlement" for minority voters.The court's liberal justices mounted a spirited defense of the law, with Justice Sonia Sotomayor a vigorous and persistent questioner throughout. She referred to Shelby County as "the epitome of why this law was passed."
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