Supreme Court to Re-examine Voting Rights Act

Northwest Austin Municipal Utility District No. 1 v. Holder, et al., No. 08-322 -

The landmark Voting Rights Act (VRA), originally enacted into law in 1965, establishes comprehensive safeguards against discrimination in voting based on race, color, national origin or language status.  The Act is widely regarded as one of the most successful laws ever enacted by Congress.

Its most far-reaching provision requires that "covered" jurisdictions submit any changes in election practices for "preclearance" to either the attorney general or a three judge panel of the federal district court in Washington, D.C.  One state subject to these requirements because of its history of discrimination against language minorities is Texas.  The preclearance requirement, contained in Section 5 of the statute, was originally set to expire after five years, but was renewed by Congress in 1970 and, most recently, in 2006 (for 25 years).  The constitutionality of the preclearance requirement has been repeatedly challenged by states and other jurisdictions, but each time (beginning in 1966) the Supreme Court has upheld it.

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