Heather Gerken on the uncertain future of Section 5 of the Voting Rights Act after yesterday’s Court decision:
Yesterday the Supreme Court wrote a cliffhanger of an opinion on the constitutionality of Section 5 of the Voting Rights Act, one of the most powerful weapons in the civil-rights arsenal. In the Northwest Austin Municipal Utility District Number One (NAMUDNO) v. Holder opinion, the Court raised serious questions about Section 5’s future, but it didn’t pull the trigger. The question is how this story will end.
You can see why it’s a cliffhanger. The Supreme Court has cast doubt on the most obvious arguments for letting Section 5 stand — that it was OK for Congress to apply the statute selectively to Southern states, that Section 5 imposes a minimal burden on those jurisdictions, that the evidence Congress provided was powerful enough to justify the burden it did impose. The Court has done everything, in short, except pull the trigger and strike Section 5 down. Is there a chance Section 5 will survive when we tune in next?
