The court divided along ideological lines and the two sides drew sharply different lessons from the history of the civil rights movement and the nation s progress in rooting out racial discrimination in voting. At the core of the disagreement was whether racial minorities continued to face barriers to voting in states with a history of discrimination.
Our country has changed Chief Justice John G. Roberts Jr. wrote for the majority. While any racial discrimination in voting is too much Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.
The decision will have immediate practical consequences. Texas announced shortly after the decision that a voter identification law that had been blocked would go into effect immediately and that redistricting maps there would no longer need federal approval. Changes in voting procedures in the places that had been covered by the law including ones concerning restrictions on early voting will now be subject only to after the fact litigation.
President Obama whose election as the nation s first black president was cited by critics of the law as evidence that it was no longer needed said he was deeply disappointed by the ruling.
Justice Ruth Bader Ginsburg summarized her dissent from the bench an unusual move and a sign of deep disagreement. She cited the words of the Rev. Dr. Martin Luther King Jr. and said his legacy and the nation s commitment to justice had been disserved by today s decision.
She said the focus of the Voting Rights Act had properly changed from first generation barriers to ballot access to second generation barriers like racial gerrymandering and laws requiring at large voting in places with a sizable black minority. She said the law had been effective in thwarting such efforts.
The law had applied to nine states Alabama Alaska Arizona Georgia Louisiana Mississippi South Carolina Texas and Virginia and to scores of counties and municipalities in other states including Brooklyn Manhattan and the Bronx.
Chief Justice Roberts wrote that Congress remained free to try to impose federal oversight on states where voting rights were at risk but must do so based on contemporary data. But the chances that the current Congress could reach agreement on where federal oversight is required are small most analysts say.
Justices Antonin Scalia Anthony M. Kennedy Clarence Thomas and Samuel A. Alito Jr. joined the majority opinion. Justice Ginsburg was joined in dissent by Justices Stephen G. Breyer Sonia Sotomayor and Elena Kagan.
The majority held that the coverage formula in Section 4 of the Voting Rights Act originally passed in 1965 and most recently updated by Congress in 1975 was unconstitutional. The section determined which states must receive clearance from the Justice Department or a federal court in Washington before they made minor changes to voting procedures like moving a polling place or major ones like redrawing electoral districts.
Section 5 which sets out the preclearance requirement was originally scheduled to expire in five years. Congress repeatedly extended it for five years in 1970 seven years in 1975 and 25 years in 1982. Congress renewed the act in 2006 after holding extensive hearings on the persistence of racial discrimination at the polls again extending the preclearance requirement for 25 years. But it relied on data from the 1975 reauthorization to decide which states and localities were covered.
The current coverage system Chief Justice Roberts wrote is based on 40 year old facts having no logical relationship to the present day.
Congress if it is to divide the states must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions he wrote. It cannot simply rely on the past.
The decision did not strike down Section 5 but without Section 4 the later section is without significance unless Congress passes a new bill for determining which states would be covered.
It was hardly clear at any rate that the court s conservative majority would uphold Section 5 if the question returned to the court in the unlikely event that Congress enacted a new coverage formula. In a concurrence Justice Thomas called for striking down Section 5 immediately saying that the majority opinion had provided the reasons and had merely left the inevitable conclusion unstated.
This article has been revised to reflect the following correction
Correction June 25 2013
An earlier version of this article misstated the name of a civil rights worker murdered in 1964. He was Michael Schwerner not Schwermer.
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