SCOTUS Strikes Down Section 4 of the Voting Rights Act

Discussion in 'Too Hot for Swamp Gas' started by GatorBen, Jun 25, 2013.

  1. GatorBen
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    GatorBen Well-Known Member

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    http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf

    The formula used to determine which jurisdictions require preclearance by the Department of Justice was struck down as unconstitutional.

    The opinion does not rule on the constitutionality of Section 5 (the preclearance regime itself), but strikes down Section 4 as unconstitutional in light of current conditions.

    This means that the Section 4 formula can no longer be used to subject states to the pre-clearance requirement because it is based on conditions that no longer exist and outdated data.

    That said, apparently the opinion makes clear that Congress can attempt to draft a new coverage formula based on conditions as they now exist if it so desires.
  2. g8rjd
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    g8rjd Well-Known Member

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    Beat me to it...
  3. fredsanford
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    fredsanford VIP Member

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    I'm sure this dysfunctional congress will get right on that. Right after they pass 30 more abortion bills in the House.
  4. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Yay! Racism is officially over!
  5. fredsanford
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    fredsanford VIP Member

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    Watch the Koch written Jim Crow laws fly onto the books.
  6. CHFG8R
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    CHFG8R Premium Member

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    Nah. Liberals will never let that happen. Too powerful a political tool (see "fred's" post for example of typical liberal MO) for them to ever give it up. You guys know. Sorta the way they use religion against you.
  7. GatorBen
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    GatorBen Well-Known Member

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    The VRA does still have some teeth, Section 2 which prohibits laws or practices having the effect of denying or abridging the right to vote based on race or color still exists and both DOJ and private parties can still sue to enforce it, but this ruling does certainly cripple the pre-clearance requirement under Section 5 for changes in practices within covered jurisdictions, at least unless and until Congress passes a new formula for identifying covered jurisdictions.
  8. fredsanford
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    fredsanford VIP Member

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    Again, this wacky Congress isn't passing anything protecting minority rights.

    This is a clever way to nullify it without expressly saying so.
  9. GatorBen
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    GatorBen Well-Known Member

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    "It" meaning Section 5? Agreed. My point was that there are still other avenues under the VRA to challenge discriminatory practices (as well as the ability to bring "one person one vote" actions).
  10. MichiGator2002
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    MichiGator2002 VIP Member

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    More credible a position than the "racism began when Obama was elected" attitude that is the leftist battleflag. Because racist countries elect black presidents. I am trying to imagine who in South Africa tried to act like apartheid had only truly begun when Mandela reached office.
  11. oldgator
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    oldgator Premium Member

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    it will be interesting to see which way the GOP goes---to try to impede blacks from voting as the party has been....but even more aggressively with the ruling having been made. Or to make a move against the deep south GOP and make effort to not make attempts to impede blacks/minorities voting.

    The GOP has taken a hammering nationally, in a number of states, areas due to the perception of GOP being racist. Will GOP increase or decrease that perception due to platform changes now that ruling has occurred
  12. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Sometimes, I have no idea what you are talking about, and this is one of those times.
  13. MichiGator2002
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    MichiGator2002 VIP Member

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    And I am supposed to take that as revealing something about *me*, between the two of us?
  14. 108
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    108 Premium Member

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    kind of like saying; "Highway deaths have declined in the years since we have had seat belt laws...so we now no longer need these laws."

    will be interesting to see which areas Republicans will take advantage of it being struck down
  15. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    No, just that you pull some things out of the air that make absolutely no sense to me. The left saying "racism began with Obama"? I mean, thats a new one. Especially given that the left has been preoccupied with racism for at least the last 40 years.
  16. MichiGator2002
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    MichiGator2002 VIP Member

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    I have heard more complaints about how racist America is over the past 5 year's than in the 30 years before it. So, yeah, pretty much a sense that racism was born with his overwhelmingly popular election, logic and rationality be damned.
  17. gator85jd
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    gator85jd New Member

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    Eric Holder says we're "a nation of cowards" when if comes to talking about racism. I'm surprised you've heard anyone talk about it.
  18. OaktownGator
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    OaktownGator Well-Known Member

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    Doesn't seem that way to me, and clearly America has come a long way on racial issues to see Obama get elected.

    But there was also a large undercurrent of nonsensical anti-Obama stuff (like the birther stuff) that many probably perceived as racist... when some of it probably was, but much of it was probably just a reflection of the generally nasty political times we live in.

    I'm sure if Hillary had won, she'd have been treated every bit as poorly as Obama was by those on the right. Maybe even worse.
  19. diehardgator1
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    diehardgator1 Well-Known Member

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    It was over till obama brought it back
  20. 108
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    laugh

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