Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsKudos to Holder for going after Texas voting laws by requiring their changes be monitored.
Now go after NC if their bullshit law passes.
And Pennsylvania.
And Mississippi.
And any place else the right wing, ALEC funded fuckers try that shit.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
6 replies, 665 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (9)
ReplyReply to this post
6 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Kudos to Holder for going after Texas voting laws by requiring their changes be monitored. (Original Post)
Stinky The Clown
Jul 2013
OP
William769
(55,147 posts)1. Kick & recommended.
The Magistrate
(95,255 posts)2. True, Sir
Follow-through is needed.
JustAnotherGen
(31,879 posts)3. Don't forget Florida
And hit 'em with your best shot sir.
rhett o rick
(55,981 posts)4. Under what authority is he doing this? nm
JustAnotherGen
(31,879 posts)5. The court didn't say
Minorities couldn't have their day in court. They just said we needed to provide up to date proof. This is why going out in the streets and protesting won't stop it. We need a sharp legal shark to take 'em out.
But the actual legal rule announced in the opinion was narrower. The opinion didn't say there could be no preclearance; it said only that the preclearance formula was too old. The jurisdictions covered were selected with reference to events that occurred before 1975. The formula, Roberts said, focused "on decades-old data relevant to decades-old problems."
The VRA is far more than Section 5, and it is and always was more flexible than the majority suggested. For one thing, "covered jurisdictions" have always had the opportunity to get out from under the preclearance requirement. Under Section 4 of the VRA, they could go to court and demonstrate that they have "stop[ped] discriminating on the basis of race" for a period of ten years. As Justice Ginsburg pointed out in her dissent in Shelby County, 200 jurisdictions have successfully "bailed out" of preclearance--with no objection from the federal government.
The VRA is far more than Section 5, and it is and always was more flexible than the majority suggested. For one thing, "covered jurisdictions" have always had the opportunity to get out from under the preclearance requirement. Under Section 4 of the VRA, they could go to court and demonstrate that they have "stop[ped] discriminating on the basis of race" for a period of ten years. As Justice Ginsburg pointed out in her dissent in Shelby County, 200 jurisdictions have successfully "bailed out" of preclearance--with no objection from the federal government.
ETA: Forgot to post link to article. http://www.theatlantic.com/national/archive/2013/07/in-going-after-texas-voting-policies-holder-takes-john-roberts-at-his-word/278125/
eomer
(3,845 posts)6. Relying on other sections of the Voting Rights Act that weren't struck down by SCOTUS.
The U.S. Justice Department isnt waiting for Congress to revise a preclearance formula in the Voting Rights Act used to determine which jurisdictions have to get advance clearance before making changes to voting practices.
The U.S. Supreme Court struck down the formula in June, but Attorney General Eric Holder said in prepared remarks on Thursday that the Justice Department will rely on other parts of the law to fight state changes that could interfere with voting rights. The Washington Post and the New York Times have stories.
Even as Congress considers updates to the Voting Rights Act in light of the courts ruling, Holder said, we plan, in the meantime, to fully utilize the laws remaining sections to subject states to preclearance as necessary. My colleagues and I are determined to use every tool at our disposal to stand against such discrimination wherever it is found.
The Supreme Court ruling in Shelby County v. Holder did not overturn Section 2 of the Voting Rights Act, the permanent, nationwide ban on racial discrimination in voting. It also left intact Section 3, which says that jurisdictions that are found to be discriminating intentionally can be subjected to preclearance requirements. University of California at Irvine law professor Richard Hasen told the Times that the discrimination must be recent for Section 3 to apply, giving it a lesser sweep than the preclearance regime struck down by the Supreme Court.
http://www.abajournal.com/news/article/doj_isnt_waiting_for_congress_to_revise_voting_law_texas_will_be_preclearan/
The U.S. Supreme Court struck down the formula in June, but Attorney General Eric Holder said in prepared remarks on Thursday that the Justice Department will rely on other parts of the law to fight state changes that could interfere with voting rights. The Washington Post and the New York Times have stories.
Even as Congress considers updates to the Voting Rights Act in light of the courts ruling, Holder said, we plan, in the meantime, to fully utilize the laws remaining sections to subject states to preclearance as necessary. My colleagues and I are determined to use every tool at our disposal to stand against such discrimination wherever it is found.
The Supreme Court ruling in Shelby County v. Holder did not overturn Section 2 of the Voting Rights Act, the permanent, nationwide ban on racial discrimination in voting. It also left intact Section 3, which says that jurisdictions that are found to be discriminating intentionally can be subjected to preclearance requirements. University of California at Irvine law professor Richard Hasen told the Times that the discrimination must be recent for Section 3 to apply, giving it a lesser sweep than the preclearance regime struck down by the Supreme Court.
http://www.abajournal.com/news/article/doj_isnt_waiting_for_congress_to_revise_voting_law_texas_will_be_preclearan/