Handing Congress an assignment with profound political risks, a divided Supreme Court on Tuesday struck down a key part of the historic 1965 Voting Rights Act and left it to Congress to try to salvage the law as the effective ban on racial bias at the polls that it has been for nearly five decades. It appears that the future of the Act’s core depends on members of Congress being willing to impose heavy new legal burdens on their own states.
Before the Court in Shelby County v. Holder (docket 12-96) were constitutional challenges to two of the main sections of the 1965 law; the Court nullified one and left the other formally intact but perhaps in deep peril, too. The dissenters complained that, without the invalidated part, the other will be “immobilized.”
If the most threatening prospects of the ruling are fulfilled, what would mainly be left to authorize challenges to racial discrimination in voting would be other parts of the law not under review Tuesday, but those parts require a potentially time-consuming process of one lawsuit at a time, persuading a court to give a remedy that applies to one state or local government per case.
Basically it came down to how can you be prosecuted (States) for discriminate, when you had no part in the original alleged discrimination … Indeed How? Times change.
Maybe we should ask how can the Democrats not be prosecuted for what the KKK did to blacks and white politicians alike, and then what about those Democrat Jim Crow Laws.