“We Just Don’t Need Section 5 Anymore”

Roger Clegg @ National Review: The Voting Rights Act has plenty of other sections that we can use against discrimination.


Section 5 was an extraordinary provision. It said that nine entire states and parts of seven others could not make any change — no matter how small — in any voting practice or procedure without getting advance permission from the federal government. The federal government had to be convinced ahead of time that the change had no discriminatory “purpose” or “effect.” It basically put the burden of proof on a state or local government to establish its innocence — not only of disparate treatment, but also of anything with a disproportionate racial impact.