*Background — Significance of this issue.
–Right to Vote is Cornerstone of Democracy. The right to vote is the basis for our democracy and our freedom. All of our civil liberties depend on that fundamental right. Congress passed the Voting Rights Act (VRA) in 1965 to protect against race discrimination in voting. But that right is under threat, particularly because of two Supreme Court decisions. Section 5 of the VRA requires states and localities with a history of discrimination to obtain approval from the Department of Justice or a court before changing voting rules (a process known as “preclearance”).
*Talking Points:
–Impact of Recent Supreme Court Decisions. The provisions of 1965 Civil Rights Act of 1965 prohibiting discrimination has been seriously weakened by recent supreme court rulings.
In 2013, the Supreme Court held in Shellby County vs. Holder that the formula for determining which jurisdictions were subject to preclearance was unconstitutional because it was outdated, eviscerating a key provision of the VRA. This decision ushered in a wave of efforts in states previously covered under Section 5 to restrict voting rights. In July 2021, the Supreme Court made it more difficult to challenge laws that restrict voting rights under Section 2 of the VRA. In Brnovich v. Democratic National Committee, the Court ruled that two Arizona voting laws did not burden voters of color enough to constitute a violation of VRA. These Supreme Court decisions, along with the wave of restrictive voting legislation that passed recently in Republican controlled states, underscores the urgent need for Congress to pass the John R. Lewis Voting Rights Advancement Act
–Need for John Lewis Voting Rights Legislation. Congress needs to pass the John R. Lewis legislation. The bill, named for the late civil rights champion and congressman, was passed by the House in August of 2021 and is now before the Senate.
The John Lewis Voting Rights Act would modernize and revitalize the VRA by strengthening legal protections against discriminatory voting policies. First, the bill restores what the Supreme Court struck down in Shelby County by creating a new formula to determine which jurisdictions with a history of voting discrimination are subject to preclearance, and it adds practice-based coverage, making certain types of discriminatory voting changes subject to preclearance. The bill also ensures that voters have the full ability to challenge voting discrimination in court. To read the bill and related information, go to the link at Deep Dive-Voting Rights.
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