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 Twitter28Share on Reddit7Share on Facebook15Google+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
emptywheel RT @ChadLivengood: Ballot initiative petitions OK'd for wolf hunting in #Michigan, in limbo for minimum wage http://t.co/EFWC8GaNVz
3mreplyretweetfavorite
bmaz With Poncho, Custom Weather Alerts That Say When to Pack Umbrella http://t.co/bwNOOl0f3f Yeah, but is this a real poncho or a Sears Poncho?
9mreplyretweetfavorite
JimWhiteGNV RT @BoothWilliam: UN says it had 3 "direct hits" from Israeli fire on 2 schools in 3 days.
15mreplyretweetfavorite
JimWhiteGNV RT @KenRoth: #Iran reportedly detains Washington Post journalist Jason Rezaian and two other Americans. http://t.co/3WQ3pYu1Xx http://t.co/
16mreplyretweetfavorite
emptywheel Correx: Wall Street forces its tenants to live with cockroaches, termites, and rodents. http://t.co/F1wSUnuNLM
50mreplyretweetfavorite
emptywheel .@ddayen confirms that, predictably, Wall Street slum landlords force their tenants to live with cockroaches. http://t.co/F1wSUnuNLM
51mreplyretweetfavorite
emptywheel @ddayen "Any idiot who noticed" could tell...
52mreplyretweetfavorite
emptywheel @ddayen Fact check: Didn't YOU warn that Wall Street had no experience at renting?
53mreplyretweetfavorite
emptywheel @naureenshah On Rascoff's discussion of "luxury" of stings. http://t.co/gpDEjBW7d9
1hreplyretweetfavorite
emptywheel In a Nation Ravaged by Banksters, FBI Can’t Afford the “Luxury” of Frivolous Counterterrorism Stings http://t.co/gpDEjBW7d9
1hreplyretweetfavorite
emptywheel Anybody in Aspen mention that every time we try to deny AQ a safe haven, we create more of them?
1hreplyretweetfavorite
November 2012
S M T W T F S
« Oct   Dec »
 123
45678910
11121314151617
18192021222324
252627282930