Racism is over, says Supreme Court

Colorlines has a piece up by Brentin Mock on the Supreme Court ruling that Section 4 of the Voting Rights Act, which determines what states and jurisdictions are covered by Section 5, is invalid. The areas covered are places where disenfranchisement of people of color or for whom English is their second language. USA! USA!

Chief Roberts, who has hated the Voting Rights Act since the 1980s, ruled the formula, which was last created in the late 1960s/early 1970s, needs to be updated by Congress so it covers areas that violate voting rights today…So everywhere with voter ID laws, the south, any place that has racist institutions and policies. I have it you guys, everywhere. Section 4 should apply everywhere.

Roberts majority opinion:

“In assessing the ‘current need’ for a preclearance system treating States differently from one another today, history since 1965 cannot be ignored. The Fifteenth Amendment is not designed to punish for the past; its purpose is to ensure a better future. To serve that purpose, Congress—if it is to divide the States must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions. It instead re-enacted a formula based on 40-year-old facts having no logical relation to the present day.”

Ginsburg naturally doesn’t agree:

“The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proven effective. The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed.”

She continued to write:

“[T]he record for the 2006 reauthorization makes abundantly clear [that] second-generation barriers to minority voting rights have emerged in the covered jurisdictions as attempted substitutes for the first-generation barriers originally triggered preclearance in those jurisdictions.”

Mock says it isn’t a total loss because Section Five can stand if Congress is able to fix the formula so that areas currently running afoul of voting rights. This would be everywhere. Also, in what world is it a good idea to rely on Congress?

The states that this ruling affects are North Carolina, Virginia, Alabama, and Mississippi.

North Carolina: voter ID laws, which they are trying to restrict, cut early voting, penalize parents of college students who vote away from their parents’ home, implement the strictest felony disenfranchisement in the nation (which is impressive). Nothing is laws pass federal preclearance review under Section 5.

Virginia: voter ID bill which passed federal preclearance review last year, but they doubled down like idiots do. It won’t have to clear it this time.

Alabama: voter ID that goes into effect in 2014; it was submitted for review under Section 5, but was withdrawn last month.

Mississippi: voter ID bill passed last year, which will make it harder to black candidates to get elected.

None of these states have elected an African American to statewide office. But racism is over SCOTUS says so.

The most important part of Section 5 is that it prevents discrimination in the allocations of local power. So most likely, we’ll see the most passage of discriminating/racist bills not on a state level, but in the localities where they will be received with less of a fight.

SCOTUS wants us to trust Congress to revise the formula and then everything will be good, but we won’t see this passed unless we cut billions from SNAP and set up a militarized boarder because the House GOP are batshit crazy. So now we wait for the gays. Speculation is that DOMA will stand because Congress passed it despite Congress’ reauthorizing of the VRA. SCOTUS, now actively disenfranchising citizens. Don’t worry, Roberts will have corporations voting in no time so it won’t matter how many people they disenfranchise. #IHateEverything.

As an aside, I stayed up to watch Sen. Wendy Davis' filibuster, that was ended by the Texas GOP. The Dems held on and the gallery errupted to prevent the vote. The vote was taken after midnight. That is against the law. So just to be clear, the day SCOTUS repeals legislation to protect people when voting, the TX GOP broken the rules to restrict rights of women. 

Quote of the night belongs to Sen. Leticia Van de Putte who returned from her father's funeral for this: "At what point must a female senator raise her hand or her voice to be heard over the male colleagues in the room?"

At this point, I'd like to say: Sue all the things.