Voting Rights Act

  • November 19, 2014

    by Caroline Cox

    Simon Lazarus argues at The New Republic that supporters of the Affordable Care Act are inadvertently recycling conservative arguments when defending the healthcare law against the latest legal challenge.

    At The Economist’s Democracy in America blog, Steve Mazie considers empathy on the Supreme Court. He argues that their “small and privileged” circles limit their perspectives.

    Stephanie Mencimer discusses the Alabama redistricting cases for Mother Jones, arguing that the state that helped gut the Voting Rights Act is now using it to justify racial gerrymandering.

    Oliver Roeder of FiveThirtyEight explains why it is so difficult to predict Supreme Court rulings.

    At CNN, Ed O’Keefe reports on Justice Samuel Alito’s recent remarks about the press and criticisms of the Court’s lack of diversity. 

  • November 7, 2014

    by Abbie Kamin, Legal Research & Communications Associate for the Lone Star Project and Field Director for the Campaign Legal Center’s Voter ID Assistance Pilot Program in Harris County, TX.

    Tuesday’s Election was a loss for voting rights throughout the country. While countless citizens could not vote because of the implementation of discriminatory voting laws, one can only hope these experiences in Tuesday’s election will galvanize the civil rights community to push even harder to breath life back into the Voting Rights Act (VRA). Until Congress amends the VRA, costly and time-consuming state-by-state litigation will be the key to protecting the right to vote.

    Discriminatory voting laws have already been enacted in several states via highly restrictive voter photo-ID requirements. Because these restrictive laws are working, effectively preventing many citizens from voting, we will likely see an increase in these types of laws

    We have seen first-hand here in Texas the enactment of suppressive voting measures by our state legislature, leading to separate court findings of intentional discrimination by the State on three different measures: congressional redistricting, state senate redistricting, and voter photo ID (SB 14). Texas has been at the forefront of recent efforts to discriminate against minority voters.

  • November 3, 2014
    Guest Post

    by Atiba R. Ellis, Associate Professor of Law, West Virginia University College of Law. Follow Professor Ellis on Twitter @atibaellis

    The debate over voter identification laws in this election season has shown once again that the voter fraud debate has shaped the right to vote over the last decade.  Recently, voter identification laws in Wisconsin, North Carolina and Texas – passed on the belief that the integrity of elections must be defended against the imminent threat of voters who will impersonate other voters and otherwise commit fraud—has spurred substantial litigation and, most recently, generated a hotly contested denial of a stay of the Texas voter ID law over a scathing dissent from Justice Ruth Bader Ginsburg. 

    Scholars like Lorraine Minnite, Richard Hasen, Justin Levitt and others, have shown that this voter fraud claim is a myth. Yet, right-leaning pundits like Hans von Spakofsky and Mona Charen have argued that voter fraud will likely occur in the 2014 election. Thus, some pundits, politicians and grassroots organizations like True the Vote see rampant voter fraud as real and looming, despite all research to the contrary.

    This voter fraud claim is often seen as partisan-motivated propaganda or a means perpetuating racial subordination – some call it the return of Jim Crow. Yet, as I argue in an article recently published in the Catholic University Law Review, these claims must be connected to the long saga of voter suppression in the United States. In The Meme of Voter Fraud (also available here), I explain that the voter fraud myth is the latest step in the evolution of the American ideology of exclusion – the belief that “unworthy” citizens should be excluded from the electorate. 

    A meme (an idea based on evolutionary theory) is any idea, belief, concept or behavior that spreads and replicates in the culture. Memes replicate through, among other ways, the sharing of narratives, teaching, or posting on the Internet (think cat videos!). Memes are appealing because they play into a person’s experiences, and on some level people identify with them. This fact prompts a person to share the idea, and the most attractive memes spread virally. As a meme spreads, people often modify it to attract a broader audience.  The new recipients will in turn transform the meme again and replicate it, causing it to evolve (and the changes that fail cause that particular meme to die off). A meme’s appeal and its ability to meet our psychological needs – for instance, for political or social power – causes people to spread memes, not the truth or falsity of the meme.

    People can connect one meme with other memes to develop a complex set of ideas – an ideology – which we use to view the world. And, as scholar J.M. Balkin has observed, ideologies that spur us to action to subjugate the rights of others inevitably result in injustice. Memes can enable power plays, and those most invested in maintaining that power maintain the meme to this end, despite any oppression that might occur.

  • October 2, 2014
    Guest Post

    by Kareem U. Crayton, associate professor of law, the University of North Carolina School of Law

    Voting has been described by the Supreme Court as “preservative of other basic civil and political rights.” So when law and policy leave voting insecure, the core project of governance itself faces grave risk. 

    During oral arguments preceding the June 2013 decision to invalidate a key feature of the Voting Rights Act in Shelby County v. Holder, Justice Anthony Kennedy dismissed concerns that voting would become less secure for racial minorities. Even absent Section 5’s preclearance oversight for states with egregious histories of discrimination, Kennedy asserted, Section 2 of the law would allow citizens to use traditional litigation to block discriminatory laws. A year into the post-Shelby County era, we have initial evidence of how this litigation has fared in practice.

    One test of Section 2 is playing out in North Carolina, where this week the 4th Circuit Court of Appeals ruled in favor of the North Carolina NAACP and allied groups in their challenge of a state law that is widely recognized as the nation’s most restrictive. The Court’s decision ordered a preliminary injunction for two provisions of the law – the elimination of same-day registration, and the prohibition of out-of-precinct ballots from being counted. The decision means that these rules will not apply in the November election, contrary to an earlier decision by a U.S. District Court to deny this preliminary injunction. A full trial regarding the merits of the law will go to court next July.

    According to the 4th Circuit, “The district court got the law plainly wrong in several crucial respects" in assessing whether North Carolina’s measure, known as H.B. 589, was likely in violation of Section 2. They continued, "When the applicable law is properly understood and applied to the facts as the district court portrayed them, it becomes clear that the district court abused its discretion in denying plaintiffs a preliminary injunction and not preventing certain provisions of House Bill 589 from taking effect while the parties fight over the bill's legality."

    North Carolina’s H.B. 589 enacts multiple changes to the state’s election system. It eliminates same-day voter registration, prohibits out-of-precinct ballots from being counted, shortens the early voting period by a week, eliminates a successful pre-registration program for 16- and 17-year-olds, prohibits counties from extending Election Day poll hours to account extraordinary circumstances (such as long lines), permits poll observers to challenge voters, and implements a strict photo ID requirement.

  • September 3, 2014

    by Caroline Cox

    In Slate, Emily Bazelon reports on a significant pro-choice victory in Texas and the danger this ruling faces on appeal.

    Charles Epp and Steven Maynard-Moody argue in The Washington Post that the way to rebuild trust between African Americans and the police is to reduce investigatory stops. 

    The Brennan Center for Justice provides an overview of the Texas Voter ID trial and argues that the law is unconstitutional and violates the Voting Rights Act. 

    Ian Smith reports in The Daily Caller on how race-based IQ standards contributed to a man’s execution.

    At The Wall Street Journal’s Law Blog, Jacob Gershman reports on a forthcoming paper which argues that fear-based instruction is harmful for law students.