VOTING RIGHTS UPDATE: U.S. Court of Appeals Rejects Alabama Argument

[Washington, D.C.; Friday, May 18, 2012]

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that Section 5 of the Voting Rights Act of 1965 continues to be constitutional; reaffirming that the U.S. Congress acted lawfully and properly in 2006 when it reauthorized the law in order to protect minority voters.

As background, Section 5 requires sections at least, or all, of 16 states (mainly in the South) with a history of racial bias in elections to seek federal government approval, or preclearance, before altering voting procedures.

Alabama is just on of those 16 states under federal voting rights scrutiny.

This decision came as a result of a challenge to the Act by Shelby County, Alabama, and it was viewed as an important test of Section 5 of the 1965 Voting Rights Act.

It should be noted that the U.S. Supreme Court in 2009 "suggested" in an opinion that, given some changes in voting patterns, Section 5 may in "some" circumstances no longer be required.

The U.S. Court of Appeals panel stated it weighed concerns 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…—surely among the most important guarantees of political liberty in the Constitution—is not abridged on account of race." Congress deserved deference in making the judgment, the court said.

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

Shelby County, which includes suburbs of Birmingham, argued Section 5 places an undue burden on local governments. The provision 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 county said.

[WSJ, May 18-19, 2012]