Politics & Government

Should Justice Department Approve States' Voting Laws?

Despite the Supreme Court's decision to invalidate part of Voting Rights Act, Obama administration wants to continue pre-clearance policy.

By Katherine Hafner

The Obama administration is working to assert its authority over certain states’ voting laws, in light of the Supreme Court’s ruling last month to dismantle a part of the Voting Rights Act that required states to gain federal approval.

The Supreme Court ruled 5-4 in late June to invalidate a key part of the 1965 act that required nine states, primarily in the South, and parts of other states to gain “pre-clearance” from Washington, D.C. before changing their voting laws.

The ruling was highly controversial, with proponents arguing the stipulations are no longer necessary and opponents saying the country has not progressed enough since 1965 to invalidate its centerpiece. That mandate outlawed states from putting laws in place that historically prevented black citizens from voting.

Immediately after the court’s decision, Texas Attorney General Greg Abbott announced the state’s plans to implement voting laws previously struck down by the government, including a law that requires voters to present identification at voting booths and another to redistrict maps.

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Texas’ immediate action toward these changes has the Obama administration scrambling to try and uphold its authority. While other states have also allowed voting law changes since the court’s decision, Attorney General Eric Holder's announcement on Thursday will likely make Texas the “test case” of the new political battle, according to the Los Angeles Times.

Holder announced on Thursday he'll ask a court to require Texas to get “pre-clearance” from the Justice Department before moving forward with changes. He is expected to use sections 2 and 3 of the Voting Rights Act – which were not struck down by the court – to require the department's  approval, according to the Washington Post.

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“We plan … to fully utilize the law’s remaining sections to ensure the voting rights of all American citizens are protected,” Holder said Thursday. “My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found.”

The states previously bound by the section in the Voting Rights Act were Texas, Virginia, Arizona, Alabama, Louisiana, Mississippi, South Carolina, Georgia and Alaska, as well as parts of states like California and New York.

Holder and the Obama administration’s announcement have angered many Republican leaders, both in the designated states and on Capitol Hill.

Texas Gov. Rick Perry criticized the Obama administration for showing “utter contempt” for America’s system of checks and balances.

“This end-run around the Supreme Court undermines the will of the people of Texas, and casts unfair aspersions on our state's common-sense efforts to preserve the integrity of our elections process,” Perry said in a statement.

Abbott, expected to replace Perry as governor, tweeted about the announcement on Thursday.

“I’ll fight #Obama’s effort to control our elections and I'll fight against cheating at ballot box,” he tweeted.

Richard Hasen, a professor of law and political science at the University of California, Irvine, told the Washington Post that the issue could end up back before the Supreme Court, perhaps even this coming term.

“This is a big deal,” Hasen said. “It shows that the Department of Justice is going to use whatever tools it has remaining in its arsenal to protect minority voting rights.”

Tell us in the comments section below:

• Should Texas and other Southern states submit voting law changes for federal approval?

• What do you think of Texas’ recent change to require identification at polling booths?

• How should Republicans and Democrats on the Hill go about addressing this divisive issue?


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