The Voting Rights Act at 60: A Legacy in Jeopardy, a Democracy at Risk
This August marks 60 years since President Lyndon B. Johnson signed the Voting Rights Act (VRA) into law. The act is the crown jewel of civil rights legislation and seeks to finally make the Constitution's promise of equality real. In the past year alone, the ACLU was in federal court wielding this very law to ensure that Black voters have an equal opportunity to participate in the political process in Alabama, Georgia, Louisiana and Mississippi. These two realities capture where we are: celebrating the VRA's legacy, while fighting desperately to save it from destruction.
At the ACLU's Voting Rights Project, weve relied on the VRA to combat discrimination, litigating at least 16 cases under the act in the past decade alone. But increasingly, were fighting to save the act itself.
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The recent onslaught on this democratic pillar began with calculated design. In the 2013 case, Shelby v. Holder, the Supreme Court knocked out a crucial beamwhats known as preclearance, a provision that requires certain jurisdictions with a record of racial discrimination in voting to obtain federal approval before making any changes to their voting laws or practices. Preclearance was one of the VRAs most powerful preventive tools against voter discrimination. It worked like a safety netcatching discriminatory voting changes before they could harm voters. Like a building with compromised structural integrity, after preclearance was eliminated, democracy in covered states immediately suffered. Texas announced, Senate Bill 14, its restrictive voter ID law within hours. North Carolina crafted restrictionseliminating same-day registration, reducing early voting, and creating a new photo ID requirementwithin two months of the decision.
The damage spread methodically. In 2021, the Supreme Courts ruling in Brnovich v. Democratic National Commitee made it harder to prove discrimination under Section 2 of the act, which bans racially-discriminatory voting practices nationwide, weakening yet another support beam. But an even more pernicious assault on the foundation began in the 8th U.S. Circuit Court of Appeals, where courts launched an unprecedented attack on private enforcement of the VRA, or the ability of individuals, groups or private parties to file lawsuits in federal court when their voting rights protected by the VRA have been violated. This further weakened the very mechanism that makes the VRA work.
from:
https://www.aclu.org/news/voting-rights/the-voting-rights-act-at-60-a-legacy-in-jeopardy-a-democracy-at-risk