There was a time in the United States when states could enact barriers to voting. They could make it difficult or even impossible for certain populations to vote. Then there was the voting rights act of 1965 prohibited state and local government from imposing any voting rule that “results in the denial or abridgement of the right of any citizen to vote on account of race or color” or membership in a language minority group. Now that’s all going away.
The beginning of the end for the Voting Rights Act started more than 30 years ago. On Oct. 4, the end of the end is likely to begin.
This term, the Supreme Court is hearing a case about whether Alabama’s newly drawn congressional maps violate Section 2 of the Voting Rights Act of 1965, which prohibits voting practices or procedures that discriminate on the basis of race. In a seven-district state, the new maps included only one majority-Black district even though the state has a population that is more than one-quarter Black. The groups challenging the maps say that because it would be relatively easy to draw a map with two majority-Black districts, the state is legally obligated to do so. But Alabama Republicans countered by arguing they don’t have a requirement to use the plaintiffs’ maps, because creating a second majority-Black district would violate other race-neutral criteria used in redistricting.
The justices’ ruling could have implications that go far beyond Alabama, potentially neutering what remains of the Voting Rights Act — a seminal piece of legislation that is ostensibly permanent yet constantly imperiled.