Appellate Court Strikes Down Key Portion of VRA

(The Guardian) The decision from the 8th circuit court of appeal, which is based in St Louis, Missouri, and was ruling on a lower court redistricting case out of Arkansas, is drawing furious reaction from defenders of a fundamental element of the Voting Rights Act.

Section 2 of the Voting Rights Act of 1965 is chiefly designed to prohibit voting practices or procedures that discriminate on the basis of a person’s race and is one of the law’s last remaining powerful provision after years of attacks from the right.

(The US supreme court, in a 5-4 opinion authored by chief justice John Roberts in 2013, gutted a key provision of the law that required states with a history of voting discrimination to get voting changes pre-cleared by the federal government before they went into effect.)

Most challenges under section 2 are brought by private individuals or civil rights or voting rights advocacy and campaign groups, not the US government.

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When the supreme court gutted the requirement for states with a history of racial bias to pre-clear changes to their voting laws with the federal government – in its 2013 landmark ruling in Shelby county v Holder that drastically weakened the Voting Rights Act – it expected that the capacity for individuals to sue was the safety net needed.

That’s one element drawing expert ire today. Here’s the University of Texas's Steve Vladeck: