June 25, 2013 – New York – AJC is disappointed with
today’s U.S. Supreme Court decision on the Voting Rights Act. The court ruled,
5-4, that an important pre-clearance requirement of the landmark 1965 law is
Section 4 of the Act has provided the formula for determining which states must
have any changes to their voting laws pre-approved by the Justice Department's
civil rights division. The Court, striking down Section 4, left it to Congress
to rewrite the pre-clearance requirements.
“The pre-clearance provisions of the Voting Rights Act
have been an important bulwark against discrimination in the exercise of the
right to vote in jurisdictions with long, sordid and intolerable records of
racism in affording access to that right,” said AJC General Counsel Marc D.
Stern. The Court did not rule on Section 5 of the Act, requiring pre-clearance
of voting laws in certain states, but that section may have been nullified by
striking down Section 4.
“While today’s Supreme Court action
nominally leaves intact the requirement of pre-clearance even as it invalidates
the provision that triggers it, the result is to free all jurisdictions from
the pre-clearance requirement, and that will harm the ability of all citizens,
of whatever race, to vote,” said Stern.
Stern acknowledged, as the Court noted, that some jurisdictions currently
subject to pre-clearance requirements no longer require pre-clearance. “But the
law already allows them to ‘bail-out’ of the Act,” said Stern. “With Congress
having just recently—on the basis of an extensive record—renewed the Voting
Rights Act in its entirety, trigger provision and all, the Court was, in our
judgment, wrong to invalidate the existing trigger.”
AJC strongly urges Congress to move forward quickly to
develop a formula to require pre-clearance for those jurisdictions that
stubbornly adhere to practices that thwart full access to the ballot. In the
meantime, AJC urges the Department of Justice to make full, vigorous and
innovative use of other authorities it possesses to thwart racial
discrimination in voting.
AJC joined in an amicus brief filed by the Leadership Conference on Civil
Rights in support of the Voting Rights Act.