Yesterday, the US Supreme Court issued its decision in Northwest Austin Municipal Utility District v. Holder, a case that challenged the manner in which Section 5 of the Voting Rights Act has been applied for decades.  We are happy to say that Section 5 survived, but the decision indicates that the assault on voting rights is far from over.  Language in the majority decision invited further challenges to the act.

Writing for the 8-1 majority, Chief Justice John Roberts said,

Things have changed in the South. (Minority) voter turnout and registration rates now approach parity. Blatantly discriminatory evasions … are rare. And minority candidates hold office at unprecedented levels, ….

Despite the Court’s declaration that progress has been made, we are all aware of the serious Voting Rights Act violations in the 2000 presidential election in Florida where minority voters were stricken from the rolls and had their voting places moved without notice.  Similar charges surfaced in Ohio in the 2008 presidential election.

Rather than deal with the weighty issue of striking down Section 5, the court suggests that the North Austin Utility District was entitled to and should seek an exemption from the Voting Rights Act.

That larger issue, Roberts said in an ominous note,  is a difficult constitutional question we do not answer today.

In a press statement today, the Advancement Project offers an analysis of the decision.