SCOTUS Prepares to Decide 2016 Election

One of the unsung heros of this election is Thomas Perez, head of DOJ’s Civil Rights Division. By aggressively challenging states trying to disenfranchise people of color, he prevented states from tipping the scale for Republicans.

Apparently, the Republicans on the Court read the news on Wednesday, because they’ve just accepted a challenge to the Voting Rights Act.

Lyle Denniston writes:

Acting three days after the nation’s minority voters showed that they have increased and still growing power in U.S. elections, the Supreme Court agreed on Friday to rule on a challenge to Congress’s power to protect those groups’ rights at the polls.  The Court said it would hear claims that Congress went beyond its authority when it extended for another 25 years the nation’s most important civil rights law, the Voting Rights Act, originally passed in 1965 and renewed four times since then.

Specially at issue is the constitutionality of the law’s Section 5, the most important provision, under which nine states and parts of seven others with a past history of racial bias in voting must get official clearance in Washington before they may put into effect any change in election laws or procedures, no matter how small.   The Court came close to striking down that section three years ago, but instead sent Congress clear signals that it should update the law so that it reflects more recent conditions, especially in the South.  Congress did nothing in reaction.

[snip]

In agreeing to rule on the Voting Rights Act, the Court limited its review to a question which it composed itself: ”Whether Congress’ decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage fomulal of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution.”   The Tenth Amendment protects the powers of states by limiting Congress’s powers.  Article IV guarantees each state a “republican form of government,” meaning it is protected in its right of self-government.   The question specified by the Court differed from that posed by Shelby County’s lawyers only by adding a reference to the Fourteenth Amendment.  The case to be decided in Shelby County v. Holder (12-96).

It appears the Court is going out of its way to take this case, with very obvious timing.

I guess John Roberts wants to make his decision in ObamaCare up to the GOP? I guess the Republicans on the Court didn’t think their intervention with Citizens United gave the corporatists enough of a boost this year?

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

11 Responses to SCOTUS Prepares to Decide 2016 Election

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
Emptywheel Twitterverse
bmaz @GreggJLevine @emptywheel @AJAMScrutineer Wait, we licensed you to trash talk?
9mreplyretweetfavorite
bmaz Emptywheel’s Super Bowl XLIX Trash Talk https://t.co/ZgcbSkvV5J
14mreplyretweetfavorite
bmaz @armandodkos what is this Talkleft joint you speak of?
17mreplyretweetfavorite
bmaz @maryjpitzl I am downtown now, and the drive here from Camelback was crazy
22mreplyretweetfavorite
bmaz @sbagen Yeah don't agree with that by Alarcon
25mreplyretweetfavorite
emptywheel @onekade Think you're going soft. It's because the boys are hogging the squat rack, isn't it? @TheBlahDalia
26mreplyretweetfavorite
bmaz @fedcourts @espinsegall @MDAppeal Still have Pregerson, Reinhardt, Shroeder and Canby all left from Carter.
36mreplyretweetfavorite
bmaz @AllThingsHLS @vicenews I'm telling them you sent me!
42mreplyretweetfavorite
emptywheel As a Blog-Zombie, I find the whole dead-blogging thing tedious, but this, from @NYTimeskrugman, is good. http://t.co/x1xP9Thi24
46mreplyretweetfavorite
bmaz @vicenews @AllThingsHLS Crap, you mean I have to take my drone home?
47mreplyretweetfavorite
emptywheel RT @ahmed: New Saudi intelligence chief Khaled Al Humaidan studied criminal justice at @SVSU in Michigan http://t.co/53gaLRPnSm http://t.co
49mreplyretweetfavorite
November 2012
S M T W T F S
« Oct   Dec »
 123
45678910
11121314151617
18192021222324
252627282930