Supreme Court Strikes Down Key Provision of Voting Rights Act

South Carolina will no longer have to get Justice Department preclearance on laws affecting voting now that the Supreme Court has ruled Section 4 of the Voting Rights Act unconstitutional.

Chief Justice John Roberts authored the Court's opinion with Justices Antonin Scalia, Clarence Thomas, Samuel Alito and Anthony Kennedy striking down Section 4. The Court laid the blame on Congress for failing to update the formula that determined which states and localities fell under the preclearance rules in that section. 

"Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare [Section 4] unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance."

Congress could have acted to rewrite Section 4 following a 2009 case: Northwest Austin Municipal Utility District Number One v. Eric H. Holder, Jr., Attorney General, et al.

Recently the Voting Rights Act was used to to delay the implementation of a similar law in South Carolina and to block a voter ID law in Texas, the Huffington Post reports. The South Carolina law was eventually allowed to take effect in 2013.

Rep. James Clyburn released the following statement following the Supreme Court Decision:

"Although I am not surprised, I am deeply disappointed by the Court's decision today—the 15th Amendment specifically grants Congress the power to ensure that no American is denied the right to vote, and the Supreme Court is wrong to interfere with that Congressional prerogative.  The Voting Rights Act has been the single most important tool to protect the right to vote over the last half century.  All the way up to the present day, the preclearance requirement has prevented egregious infringements on the franchise, and today's decision frighteningly opens the door for underhanded schemes to reduce the electoral power of minority communities. 

"Today's decision makes it clearer than ever that we must never waver in our commitment to protect this sacred right.  And while I starkly disagree with the Court's opinion, I also view it as a call to action.  Chief Justice Roberts specifically stated that Congress may pass another law to restore the Voting Rights Act to full strength.  This work begins today.

"When Congress reauthorized the Voting Rights Act in 2006, we did so with overwhelming bipartisan majorities—245 Republicans, 241 Democrats, and 2 Independents voted to extend the provisions of the law.  I stand ready to work with my colleagues on both sides of the aisle to enact an updated version of the law so that we can continue to ensure that no American is denied the right to participate in our democracy.  What was true in 2006 remains true today, and I am confident that we will able to work, as we did then, in a bipartisan manner to preserve the Voting Rights Act.  American voters will expect no less."

South Carolina Attorney General Alan Wilson also released a statement on the Court's decision:

"For nearly 50 years, Sections 4 and 5 have imposed an extraordinary intrusion into state sovereignty in certain states, including South Carolina. Over time, great strides have been made and Sections 4 and 5 have become obsolete.

"Today's decision means the voting rights of all citizens will continue to be protected under the Voting Rights Act without requiring a different formula for states wishing to implement reasonable election reforms, such as voter ID laws similar to South Carolina's. This is a victory for all voters as all states can now act equally without some having to ask for permission or being required to jump through the extraordinary hoops demanded by federal bureaucracy."