Saturday, May 19, 2012

Appeals Court Upholds Key Voting Rights Law

An appeals court upheld the preclearance, Section 5, of the Voting Rights Act of 1965 and the re-authorization in 2006.

The U.S. Court of Appeals in the District of Columbia rules against a challenge by Shelby County, Alabama. Shelby County argued Section 5 places an undue burden on local governments and preclearance could only be justified if there were current evidence the jurisdiction was carrying out the "unremitting and ingenious defiance" that existed in 1965, when the original law was passed.

The Appellate panel said it weighed concern about whether Section 5 remains "congruent and proportional" to the problem it seeks to prevent. It determined that "Congress drew reasonable conclusions from the extensive evidence it gathered" and acted in accordance with the Constitution in "ensuring that the right to vote is not abridged on the account of race." Congress deserved deference in making the judgement, the court said.

The county indicated it plans to appeal to the Supreme Court.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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