Right-wingers — enabled by congressional Republicans and reactionary members of the Supreme Court — are mounting a full-court press to prevent marginalized groups from voting.
in 1957. Now, on January 18, 2021 — one day after we celebrated King’s birthday and one year after a mob of right-wing Trump supporters attacked the Capitol in an attempt to overturn the results of a free and fair election — the Senate is debating voting rights legislation aimed at stopping voter suppression. But the legislation appears doomed to failure.Yick Wo v.
The majority took a states’ rights approach which will allow states to enact racist voting laws. They looked only to the end of discriminatory voting tests and the lack of disparity between whites and non-whites in voter registration and turnout since the enactment of the VRA. The court then concluded that the formula set forth in Section 4 for requiring Section 5 preclearance need no longer be used.
“Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet,” Ginsburg noted. Moreover, the dissent explained, “the VRA is grounded in Congress’ recognition of the ‘variety and persistence’ of measures designed to impair minority voting rights.”
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