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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsChief Justice Roberts' Long War Against the Voting Rights Act
Memos that Roberts wrote as a lawyer in Reagan's Justice Department during the 1980s show that he was deeply involved in efforts to curtail the effectiveness of the Voting Rights Act, the hard-won landmark 1965 law that is intended to ensure all Americans can vote. Roberts' anti-VRA efforts during the 1980s ultimately failed. But on Wednesday, when the Supreme Court hears oral arguments in Shelby County v. Holder, he'll get another chance to gut the law. Roberts' history suggests a crucial part of the VRA may not survive the rematch.
At issue in Shelby County is whether a major portion of the Voting Rights Act, called Section 5, is constitutional. Section 5 compels jurisdictions with a history of discrimination, mostly in the South, to ask the Justice Department for permissionpreclearance, in legalesebefore making any changes to election laws. Shelby County, Alabama, is arguing that Section 5 is an extreme measure that is no longer justified because racism is no longer the problem it once was. If Section 5 is overturned, voting rights groups say, the federal government's ability to ensure Americans are not denied the right to vote on the basis of raceat a time when race has been used as a proxy for party identificationwill be severely weakened.
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http://www.motherjones.com/politics/2013/02/john-roberts-long-war-against-voting-rights-act
WinkyDink
(51,311 posts)Kelvin Mace
(17,469 posts)when they failed to filibuster Roberts and Alito.
The Conservatives now control the court and the Voting Rights Act is toast. The former Confederacy will quickly pass voting laws to re-establish white dominance of the elections and that is pretty much it for this country.
graham4anything
(11,464 posts)because (sarcasm) Al Gore would have picked Alito and Roberts
btw, if you recall, Bush first named Harriet Miers knowing she wouldn't pass
very hard to stop a 3rd person
However, the south is quickly changing to blue.
MIght not be as easy for the repubs as they think IF it is overturned.
They do need 5 votes
still_one
(92,190 posts)I also believe, regardless of roberts past, there is a 50/50 chance he will vote supporting the voting rights act.
To your suggestion that the Dems lost it all in 2005-2006, it wasn't because they failed to filibuster roberts and alito, it was because they have been failing to support basic Democratic party principles
reformist2
(9,841 posts)They want fairness, how's THAT for fairness!
still_one
(92,190 posts)the administration.
I personally believe that the voting rights act will be upheld by 5 to 4, possibly 6 to 3.
Working for an administration means you follow their marching orders. In other words they make the policy, not the workers. That is not to say Roberts isn't against the voting rights act.
However, Burger is a perfect example how things occur that are least expected. He was appointed by nixon, but helped achieve much of the civil rights we have today.
Perhaps falsely, I think Roberts is not the typical ideologue. If he was the ACA would have never passed
Volaris
(10,271 posts)Roberts may yet turn out to be the next David Souter (how cool would THAT be?) but to turn a phrase, the jury's still out.
ACA, VRA and Affirmative Action opinions will be deciding factors in his early career as CJ. He's smart enough to know that even though he knows Public Opinion isn't supposed to sway the Court, he isn't someone who will let the credibility of HIS court be undermined by that same independence. He knows that for the most part, The People trust the Court to make correct Legal Decisions, and he won't let that image be tarnished (Citizens United notwithstanding ,and I think his position on that is that if Congress guts that decision through Legislative Means, He would be OK with that, that's the way these things are SUPPOSED to work.)
still_one
(92,190 posts)LeftInTX
(25,337 posts)In 2006, Congress extended the requirements Section 5 for an additional 25 years.
http://www.justice.gov/crt/about/vot/sec_5/about.php
Yet, Roberts wrote an opinion to the contrary in 2009. It's confusing legal mumble-jumble to me.