by Nicole Flatow
A federal appeals court rejected a challenge today to the constitutionality of a key section of the Voting Rights Act, concluding that Congress is in the best position to determine how to combat persistent racial discrimination in elections.
In a 63-page opinion, D.C. Circuit Judge David S. Tatel noted the persistence of “overt racial discrimination” in jurisdictions covered by Section 5, and called such discrimination “one of the gravest evils that Congress can seek to redress.” How best to combat this discrimination, he concluded, is “quintessentially” a legislative judgment.
“[W]e remain bound by fundamental principles of judicial restraint,” Tatel wrote.