The Supreme Court of the United States will hear arguments in a major case that asks whether Section 5 of the Voting Rights Act of 1965 is a constitutional act of Congress’ power to enforce the Fourteenth and Fifteenth Amendments. Oral arguments for Shelby County, Alabama v. Holder will be heard on Wednesday, February 27 with a ruling expected by June.
According to the Department of Justice, Section 5—
Freezes election practices or procedures in certain states until the new procedures have been subjected to review, either after an administrative review by the United States Attorney General, or after a lawsuit before the United States District Court for the District of Columbia. This means that voting changed in covered jurisdiction may not be used until that review has been obtained...
…This requires proof that the proposed voting change does not deny or abridge the right to vote on account of race, color, or membership in a language minority group. If the jurisdiction is unable to prove the absence of such discrimination, the District Court denies the requested judgment, or in the case of administrative submissions, the Attorney General objects to the change, and it remains legally unenforceable.
There is a huge concern that if the Court says no, then one of the most valued shields of the Voting Rights Act of 1965 will dismantle legal protection from racially tinged voter laws and redistricting efforts. CNN reports that the federal government believes there is still an “underlying threat of discrimination remains throughout the Alabama and other parts of the country.”
"I think they are looking at this situation through rose-colored glasses," says the Rev. Dr. Harry Jones, a local civil rights leader in Shelby told CNN. "I think they have painted a picture to make the outside world believe that racism is no more, but if you dig beneath the surface I think you'll find what you are looking for."
But, Shelby county attorney Frank “Butch” Ellis, Jr. has a difference of opinion. "Here, now, in this decade, we have black registered voters at a percentage that is equal, and at some occasions exceeding, the voting of the white population. It's hard to find that there's any discrimination here, and certainly there's nothing in the congressional record."
SCOTUSblog Coverage of Shelby County v. Holder