On Tuesday, the Supreme Court struck down part of the Voting Rights Act that was enacted in 1965 to root out racial discrimination in voting. The specific section of the Act that was stricken — Section 4 — set forth a formula for determining which jurisdictions need federal clearance before making even minor changes to voting procedures. The impact of striking Section 4 is that the most important part of the Act, Section 5, is now rendered useless. Section 5 provides that states, cities, and counties with a history of racial discrimination in voting must “pre-clear” changes to voting procedures with the Department of Justice or a special court in Washington, D.C. Without the formula in Section 4 to determine which states, cities, and counties the preclearance should apply to, the preemptive protection provided by Section 5 no longer exists, and any future challenges to changes in voting procedure must happen after such changes are already in effect.
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