Preclearance Provision of Voting Rights Act at Core of Supreme Court Case: Just months after the election of the nation’s first Black president, in which African-American voter registration and voter turnout was at its highest, the U.S. Supreme Court will hear arguments today on whether states with a history of racial discrimination at the polls still need federal oversight.
At issue is the Voting Rights Act of 1965, which was reauthorized in 2006. It mandates that certain state and local governments must obtain permission from the Justice Department or a federal court before making a decision that affects voting processes. The statute currently applies to nine states – Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia – and dozens of counties and municipalities in other states.
In the case Northwest Austin Municipal Utility District Number One v. Holder, the municipal utility district in Austin, Texas, is arguing that it should not be required to consult the Justice Department to change a polling station or for any other change in voting processes on the grounds that it has never been accused of voter discrimination. In fact, the utility district did not exist until the mid-1980s, long after Jim Crow reigned supreme in the South.
