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Court Refuses to Expand Minority Voting Rights
WASHINGTON - The Supreme Court ruled Monday that electoral districts must have a majority of African-Americans or other minorities to be protected by a provision of the Voting Rights Act.
The 5-4 decision, with the court's conservatives in the majority, could make it harder for southern Democrats to draw friendly boundaries after the 2010 Census.
The court declined to expand protections of the landmark civil rights law to take in electoral districts where the minority population is less than 50 percent of the total, but strong enough to effectively determine the outcome of elections.
In 2007, the North Carolina Supreme Court struck down a state legislative district in which blacks made up only about 39 percent of the voting age population. The court said the Voting Rights Act applies only to districts with a numerical majority of minority voters.
Justice Anthony Kennedy, announcing the court's judgment, said that requiring minorities to represent more than half the population "draws clear lines for courts and legislatures alike. The same cannot be said of a less exacting standard."
Chief Justice John Roberts and Justice Samuel Alito signed onto Kennedy's opinion. Justices Antonin Scalia and Clarence Thomas agreed with the outcome of the case.
The four liberal justices dissented. A district like the one in North Carolina should be protected by federal law "so long as a cohesive minority population is large enough to elect its chosen candidate when combined with a reliable number of crossover voters from an otherwise polarized majority," Justice David Souter wrote for himself and Justices Stephen Breyer, Ruth Bader Ginsburg and John Paul Stevens.
The decision complicates matters for southern Democrats who will redo political boundaries after the next census.
Democrats have sought to create districts in which African-Americans, though not a majority, still were numerous enough to determine the outcome of elections with the help of small numbers of like-minded white voters. Those districts could be challenged under Monday's decision.
In another election-related case, the court let stand an appeals court decision that invalidated state laws regulating the ways independent presidential candidates can get on state ballots.
Arizona, joined by 13 other states, asked the court to hear its challenge to a ruling throwing out its residency requirement for petition circulators and a June deadline for submitting signatures for independent candidates in the November presidential elections.
Independent presidential candidate Ralph Nader sued and won a favorable ruling from the 9th U.S. Circuit Court of Appeals in San Francisco.
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7 Comments so far
Show AllWell, well! The conservative controlled Supreme Court is helping the republican party to steal future elections, as well. What a surprise that is!
Good on ya Ralph! Would that Obama nominated you to the Supreme Court.
Judge a man by his character, not the color of his skin.
Makes perfect sense to this court: only majority minorities are minorities -- and not majorities, and the minorities are the majority. Does this mean in this 5-4 vote that the majority is the minority and the ruling really went the other way since the majority-minority wins?
(And some people wonder why the rest of the world thinks we are crazy.)
LOL! Thanks for the laugh.
"WASHINGTON - The Supreme Court ruled Monday that electoral districts must have a majority of African-Americans or other minorities to be protected by a provision of the Voting Rights Act."
Simple question not really answered in this article...what provision of the Voting Rights Act is not upheld if there is not a majority of minorities?
But if African-Americans already constitute a 51% or greater majority in a given electoral district, then why is coverage by the Voting Rights Act of such critical importance in the first place?
I thought that historically, a fundamental purpose of the Voting Rights Act was to prevent entrenched white power structures from gerrymandering black populations into districts that would insure their potential clout would be diluted - drawing lines so that rarely (if ever) minorities achieved a simple majority status, thus insuring that, in a winner take all district wide election, a Caucasian candidate would almost invariably come out on top.
If this Supreme Court ruling really says what this AP article says it says, it sure looks to me like the Voting Rights Act just got squarely stood upside down.
You know. Like in Bush versus Gore, where the Constitutional guarantee of equal protection of the laws was cited to require that all those uncounted Florida ballots never get counted.
Bill from Saginaw