In an article entitled “Voting Rights for All Americans”, Fox News Latino runs comments from former U.S. Attorney General Alberto Gonzalez on the recent Supreme Court ruling in Shelby v. Holder. He also cautions a wait and see approach for Congress, monitoring Section 2 actions to determine if any new formula is needed.
The Section 5 preclearance requirements were meant to address disenfranchisement of African Americans in Southern states. However, its application is based on a formula in Section 4 of the VRA that the Court in Shelby found was woefully outdated, not reflective of today’s society and oblivious to progress made since 1965 in the levels of voting participation by minorities.…Lost in much of the media criticism of the decision is any acknowledgment that the Court left intact Section 2 of the VRA, the substantive law protecting the voting rights of Americans. Following this decision, the U.S. Attorney General warned jurisdictions that the Civil Rights Division will be closely monitoring their actions to ensure the protection of voting rights under Section 2. If, over time, those efforts prove inadequate, Congress can pass legislation and revise the Section 4 formula to reflect the realities of modern America.