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DOJ Asks Court to Keep Texas Under Voting Rights Act
The United States Justice Department is throwing its support behind lawsuits in Texas that are reigniting a debate over the Voting Rights Act.
A U.S. Supreme Court decision in June overruled a key part of the Voting Rights Act. It required states with a history of discrimination to get pre-clearance from the Justice Department before any changes are made to the state’s voting laws.
Now, U.S. Attorney General Eric Holder will ask a federal court in Texas to hold the state accountable for getting federal clearance anyway. He wants to use part of the Voting Rights Act that is still in effect, the so-called bail-in provision.
Holder made the announcement during a speech at the National Urban League Annual Conference on Thursday.
Today I am announcing that the Justice Department will ask a federal court in Texas to subject the State of Texas to a preclearance regime similar to the one required by Section 5 of the Voting Rights Act. This request to “bail in” the state – and require it to obtain “pre-approval” from either the Department or a federal court before implementing future voting changes – is available under the Voting Rights Act when intentional voting discrimination is found. Based on the evidence of intentional racial discrimination that was presented last year in the redistricting case, Texas v. Holder – as well as the history of pervasive voting-related discrimination against racial minorities that the Supreme Court itself has recognized – we believe that the State of Texas should be required to go through a preclearance process whenever it changes its voting laws and practices. This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last. Even as Congress considers updates to the Voting Rights Act in light of the Court’s ruling, we plan, in the meantime, to fully utilize the law’s remaining sections to ensure that the voting rights of all American citizens are protected.
Luis Vera is an attorney for the League of United Latin American Citizens. He supports Holder’s announcement.
"No other state, and we're talking about the entire South, has a history of discrimination in voting and redistricting that Texas has. We're the worst of all," Vera said.
Federal courts recently found Texas had discriminated against Latinos during controversies over Voter ID and redistricting maps. But after the Supreme Court case, Texas was free to move forward as planned.
State officials say Holder is trying to do an end-run around the Supreme Court. Governor Rick Perry was among those to denounce Holder's intent.
"Once again, the Obama Administration is demonstrating utter contempt for our country's system of checks and balances, not to mention the U.S. Constitution. This end-run around the Supreme Court undermines the will of the people of Texas, and casts unfair aspersions on our state's common-sense efforts to preserve the integrity of our elections process."