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shelby county v. holder
Voting Rights Act 'On Life Support' Amid Right-Wing Attacks
"It's time for Congress to restore its full protections by passing the John R. Lewis Voting Rights Advancement Act," said one Democratic lawmaker.
Aug 06, 2025
As the Voting Rights Act turned 60 on Wednesday, advocates highlighted right-wing attacks on the landmark legislation and called on Congress to pass a long-stagnant bill aimed at restoring and strengthening one of the most important civil rights laws in U.S. history.
The VRA, signed into law in 1965 by then-President Lyndon B. Johnson amid a groundswell of civil rights activism, was meant to ensure that state and local governments could not "deny or abridge the right of any citizen of the United States to vote on account of race or color."
However, the law has been eroded in recent decades by Republican-controlled state legislatures across the country, including through racially rigged and other gerrymandered congressional maps, restrictions on voter registration, reduction in early voting options, and voter identification laws. These measures disproportionately disenfranchise minority voters, and some GOP officials have admitted that they are intended to give Republican candidates an electoral edge.
In 2013, the U.S. Supreme Court dealt a major blow to the VRA in Shelby County v. Holder, which eviscerated a key section of the law that required jurisdictions with a history of racist disenfranchisement to obtain federal approval prior to altering voting rules. In 2021, the nation's high court voted 5-4 in Brnovich v. Democratic National Committee to uphold Arizona's voting restrictions—even as Chief Justice John Roberts acknowledged that they disproportionately affect minorities.
"Instead of anniversary toasts, election law experts are preparing eulogies for the landmark legislation."
Now, the Supreme Court's right-wing supermajority is poised to "end voting rights as we know them," as Mother Jones reporter Pema Levy put it Tuesday. That's because the justices said last week that they would rehear a case that could result in them striking down Section 2 of the VRA, what University of California, Los Angeles legal scholar Richard L. Hasen calls "the last remaining pillar" of the law.
"Instead of anniversary toasts, election law experts are preparing eulogies for the landmark legislation, which conservative lawyers have attacked on multiple fronts in recent years, after the U.S. Supreme Court took square aim at the statute's constitutionality last week," Jim Saksa wrote Tuesday for Democracy Docket.
As Hasen explained:
Louisiana v. Callais, the case that was the subject of last Friday's order, is a voting case over the drawing of the state's six congressional districts. Louisiana has a one-third Black population, but after the 2020 census the state Legislature drew a districting plan, passed over a Democratic governor's veto, that created only one district in which Black voters would be likely to elect their candidate of choice.
Before Callais, Black voters had successfully sued Louisiana in a case called Robinson v. Ardoin, arguing that Section 2 of the Voting Rights Act required drawing a second congressional district giving Black voters that opportunity. Section 2 says minority voters should have the same chance as other voters to elect their candidates of choice, and courts have long used it to require new districts when there is a large and cohesive minority population concentrated in a given area, when white and minority voters choose different candidates, and when the minority has difficulty electing its preferred representatives.
However, a group of non-Black voters argued in a lawsuit that the consideration of race in creating a second minority-majority district violated the 14th Amendment's equal protection clause and the 15th Amendment's ban on federal and state governments denying citizens the right to vote based on "race, color, or previous condition of servitude."
"To me, this is it," Luis Fuentes-Rohwer, a law professor at Indiana University Bloomington, told Democracy Docket. "I would bet my left arm that they will tell us that Section 2 is in violation of the 15th Amendment."
Civil rights defenders including numerous Democratic lawmakers urged Congress to pass the John R. Lewis Voting Rights Advancement Act, legislation first introduced in 2021 whose sponsors said will "update and restore critical safeguards of the original Voting Rights Act."
"Sixty years ago today, the Voting Rights Act became law thanks to the perseverance of civil rights activists. Today, our sacred right to vote remains under attack," Sen. Raphael Warnock (D-Ga.), one of the bill's primary sponsors, said on social media Wednesday. "We must protect our democracy and honor those who risked everything by passing the John R. Lewis Voting Rights Advancement Act."
Although the bill passed the then-Democrat controlled House of Representatives in 2021, it failed to pass the Senate and a subsequent bid to advance the legislation failed the following year.
Calling for passage of the bill, Rep. Terri Sewell (D-Ala.)—whose home state played a critical role in the civil rights struggle—said on the social media site Bluesky that the VRA "is on life support after being gutted by the Supreme Court and far-right judges."
The Voting Rights Act was signed into law exactly 60 years ago. But today, it is on life support after being gutted by the Supreme Court and far-right judges.It’s time for Congress to restore its full protections by passing the John R. Lewis Voting Rights Advancement Act. 🗳️
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— Rep. Terri A. Sewell (@sewell.house.gov) August 6, 2025 at 6:35 AM
Rep. Jasmine Crockett (D-Texas) said on Bluesky that "60 years ago today, the Voting Rights Act became law. Now, we have an administration conducting voter suppression in real time. In Texas, Republicans are trying to gut our democracy by redrawing maps to erase five Democratic seats—before a single vote is cast."
"The fight continues," Crockett added. "We owe it to those who marched, bled, and believed to keep pushing until every voice is heard and every vote counts."
The ACLU said: "Democracy can't wait. Congress must protect our voting rights at the federal level by passing the reintroduced John Lewis Voting Rights Advancement Act."
However, passing the bill will be next to impossible, given Republican control of both houses of Congress and President Donald Trump in the White House. That doesn't mean voting rights defenders should give up, Legal Defense Fund president and director-counsel Janai Nelson stressed Wednesday.
"If we are to continue the pursuit of the multiracial democracy that the VRA set in motion 60 years ago and if we are to honor our republican form of government founded on representation by the people, we must be unwavering in our commitment to fulfill the promise of Selma, refuse to cede any further ground, and mobilize in support of equal voting rights and fair elections," Nelson said.
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US Faces 'State of Emergency' for Civil Rights Under Trump: Urban League Report
"What we face today is a deliberate, coordinated effort to deny the future of a more just and inclusive America," said Marc Morial, the president of the National Urban League, in the latest report on the "State of Black America."
Jul 18, 2025
One of America's oldest civil rights organizations warned Thursday that the country is experiencing a "dangerous tilt toward authoritarianism."
In its annual report on "The State of Black America," the National Urban League said the country is in the midst of a "state of emergency" for racial equality under the second administration of U.S. President Donald Trump as it wages war on voting rights protections; guts Diversity, Equity, and Inclusion (DEI) programs; turns civil rights investigations into "tools of political retribution"; and embraces social media platforms that promote hate speech and false information.
"Almost daily, since January 20, 2025, the federal government, at the direction the White House, has set fire to policies and entire departments dedicated to protecting civil and human rights, providing access to an equal education, fair housing, safe and effective healthcare, and ensuring that our democratic process is adhered to across the nation," the report says.
It cites the White House's attacks on the Voting Rights Act of 1965. The Supreme Court, it says, dealt the "first seismic crack" to the law in 2013 with the Shelby County v. Holder decision, which got rid of the requirement that states with a history of race-based voter suppression clear new voting laws with the Department of Justice.
"Dozens of states have seized on this weakened federal oversight to pass restrictive voting laws—from voter ID requirements that disproportionately burden Black and Latino voters, to aggressive voter roll purges that remove eligible citizens from voter lists, to reduced polling hours and locations in communities of color," wrote Janai Nelson, the president of the NAACP's Legal Defense and Educational Fund, in one essay.
Since then, Nelson writes, "The Trump administration has launched a full-scale assault on what remains."
Nelson notes the president's "sweeping executive order requiring individuals to show documentary proof of citizenship in order to register to vote—and permitting only a narrow set of documents, such as a passport, that many Americans don't have easy access to."
She also notes that the administration "shifted the focus of the Department of Justice's Civil Rights Division away from protecting voting rights and toward investigating voter fraud, even though such fraud is exceedingly rare."
In another essay, Samantha Tweedy, the CEO of the Black Economic Alliance, described "an all-out assault on... Black liberty, livelihood, history, prosperity, economic power, and opportunity," being carried out "under the false premise and scapegoating of 'Diversity, Equity, and Inclusion.'"
The Trump administration has aggressively sought to purge DEI initiatives and affirmative action from all sectors of public life, banning them from use in the federal government and putting pressure on private corporations and universities to abandon them as well.
Fueling this, Tweedy says, is the "destructive lie" that "for Black people to succeed, others must lose out." The report goes on to cite statistics from the Federal Reserve Bank, Citi, and McKinsey showing that closing economic disparities increases economic prosperity for the entire country.
One of the engines propelling the Trump administration's attack on civil rights has been the DOJ's Civil Rights division itself, which the report says has been "hollowed out and repurposed" to go after universities that pursue DEI initiatives.
The report also singled out Harmeet Dhillon, who Trump tapped to lead the Civil Rights Division, for her past assertions that the 2020 election was stolen and her writings arguing against the John R. Lewis Voting Rights Act, which would have restored power to the original law.
The report also highlighted the recent surge of racist rhetoric on billionaire-owned social media platforms, which have abandoned many content moderation policies in recent years.
The report especially singled out the violent shift on Elon Musk's X, which saw a dramatic increase in hate speech against racial minorities and LGBTQ+ people after the billionaire bought the platform.
"We are witnessing something more than policy shifts," said the Urban League's president and CEO, Marc H. Morial, in the report's foreword. "We are watching an attempt to turn back the clock to an era when the full humanity of all Americans was not recognized—when the idea of true equality was treated as a threat to the social order."
"What we face today is a deliberate, coordinated effort to deny the future of a more just and inclusive America," Morial said. "And the architects of this effort have made their intentions plain: they would rather see our democracy crumble than cede power to a multiracial, equitable society."
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Running in Circles on Racial Justice
Hard-fought victories in terms of racial justice in the U.S. are always met with a vicious backlash that makes progress a circular motion where we end up, it seems, where we began.
Jan 20, 2025
We keep running in circles when it comes to addressing racial justice in the U.S. This means that with every advance we almost come back to the same place and must fight the battles all over again. It doesn't mean that progress has not been made, but the progress retrogresses due to the immediate backlash that charges any advance to rectify past racial injustices as an affront to white people. At best there is an ebb and flow when it comes to rectifying the racial harms and damages of the past.
Race history and the many initiatives to rectify past wrongs is more of a circle than a linear line. It may be an expanding circle considering advances, but for every victory won there is a vicious throw back. It is almost like the 1993 movie Groundhog Day where morning after morning we awaken to history repeating itself, and where victories of racial justice are swept away by the courts or a change in the body politic. The struggle continues, and in many cases, we must begin again.
Every racial justice victory in the United States came about because of the Civil War and the various modes of resistance employed by victims of racial injustices. Mass protests and resistance has generally forced those in power to seek easy answers to placate the anger of the victims of racial injustice. But every attempt to satisfy and pacify the various protests is met with vociferous protests that erase hard fought victories. Just a few examples over four centuries in U.S. history serve as evidence. At each juncture of political protest those in power have historically responded with various initiatives designed to calm the uprisings and unrest. However, any advance is quickly eradicated under the guise of reverse discrimination.
If the United States is ever going to create a society of real growth and opportunity, it needs to stop chasing its tail.
After the Civil War, one man, one vote was militarily imposed resulting in the elections of Black men to numerous political offices in the South. With those advances came the passage of the 13th Amendment in 1865 abolishing slavery. The Civil Rights Act of 1866 granted citizenship to people born in the U.S. This served as a response to the 1857 Supreme Court Dred Scott decision that ruled Blacks were not citizens. The 14th Amendment passed in 1868 addressed and attempted to rectify state laws that abridged the rights of Black people. In 1870 the 15th Amendment was adopted that attempted to grant the right to vote to Black men (It should be noted that it wasn't until 1920 that women had the right to vote). In 1871 another Civil Rights Act was passed, also known as the Klu Klux Klan Act, which was a response to the growing terrorism used by whites against Blacks and advances in civil rights. These acts of terror were designed to take away the vote, enforce racial codes, and re-impose restrictions on Black people that had been granted post-Civil War. The backlash turned back the clock on the numerous advances that sought to correct the racial injustices of the past.
In 1865 Abraham Lincoln was assassinated, and Andrew Johnson became President. Andrew Johnson was a Southerner who worked to turn back the numerous advances made in racial justice. Under his administration amnesty was granted to Confederates. Confiscated lands (plantations) were returned to those who rebelled against the Union. The last remaining Union troops were withdrawn from the South in the Compromise of 1877 resulting in the reestablishment of pre-Civil War policies that completed the circle of restoring white Southern rule, reinstating the Black Codes, and allowing states to make policies that re-created de facto enslavement. The circle turned 360 degrees from voting rights, citizenship, anti-terrorism, social rectification, and attempts at inclusion to making it virtually impossible for Blacks to vote, live and work, or engage in the routines of life without fear and intimidation. Reconstruction, a response to racial injustices and calls to the nation to be inclusive and equitable, was short lived—from 1865-1877—and in that short time it ushered in amendments and civil rights acts. However, it was attacked from the beginning, sabotaged, and died because of white backlash. Most of the steps forward were spurned within 12 short years, and all the advances undone. The circle of racial justice took Blacks from winning to having to fight all over again.
In response to the racial justice organizing in the 20th century and the social unrest through demonstrations, sit-ins, and mass marches, the Civil Rights Act of 1964 was passed. This act prohibited discrimination in labor and attempted to end segregation in public facilities, public schools, and federally funded programs (keep in mind that 10 years prior, in 1954, the Supreme Court had already ruled segregation in public schools unconstitutional and ordered schools to desegregate). In 1965 the Voting Rights Act was passed to challenge the many schemes employed by states to abridge the ability of Blacks to vote. It also required Southern states to seek permission to substantively change voting practices. However in 2013, the Supreme Court in Shelby County v. Holder gutted these protections arguing that they were "based on 40-year-old facts having no logical relationship to the present day." Hence voting protections enacted in 1965 were gutted effectively rendering the act a relic of the past. This is an example of the ebb, or the circular motion, of the nature of racial rectification in the U.S.
In the 21st century white resistance to the freedoms of Blacks to move and live within the society coupled with continued fears of whites towards Black people resulted in "Stand Your Ground" laws. These were boilerplate legislation written by the American Legislative Exchange Council and offered to state legislators which produced glaring and frightening consequences for Black people. Black people were shot for ringing the wrong door bell, or for being in the wrong neighborhood. But all of this played into a larger scheme to erode equal rights and turn back the clock on racial rectification.
The reaction to racial justice is relentless and comes whenever strides are made to make the nation more inclusive. The Black Lives Matter movement emerged, trying to hold people and society accountable. The movement was spurred on by the killings of Trayvon Martin and Ahmaud Arbery by vigilantes. George Floyd, Breonna Taylor, Sandra Bland, and Philando Castile were examples of police killings. In the streets voices chanted, "Defund the police," and bodies blocked expressways and intersections. Political leaders and bodies across the country entertained discussions on the matter. Corporate America responded along with other entities employing "Diversity, Equity, and Inclusion" (DEI) measures. DEI became part of the discussion in the economic, political, and educational arena. The corporate world responded to the various outcries of disadvantaged groups that included racial and the LGBTQIA community and sought ways to demonstrate their desire to include and sell to these groups. Among those employing DEI initiatives were Amazon, Meta (FaceBook), McDonald's, Walmart, Ford, Lowe's, John Deere, American Airlines, Boeing, Jack Daniel's (Brown-Forman), Caterpillar, Harley-Davidson, Molson Coors, Nissan, Polaris, Toyota, and Anheuser-Busch.
The criticisms however grew louder as the "Turn Back the Clock" and Make America Great Again activists homed in on "wokeness" and began to attack those corporations for their support of racial justice and gay rights. The 2023 Supreme Court decision on college admissions, which struck down affirmative action programs declaring that race cannot be a factor in college admissions, was used to advance charges of reverse discrimination and of lowering standards. Then with the election of President Donald Trump the attacks on DEI found greater energy and corporations demonstrated lesser courage. Each of the corporations mentioned have since rolled back or eliminated their Diversity, Equity, and Inclusion programs. This is another example of a 360-degree turn in the struggle for racial justice and inclusion within the society, culture, and workplace.
Blacks have been historically wronged and remain disadvantaged. We continue to lag behind our white counterparts in terms of education, economics, and wealth. If progress is linear then we could surmise that at some point Blacks would catch up to whites. Instead, in most categories, the gaps and disparities have grown wider. The only way to explain this phenomenon is that we are engaged in a circle of gaining and then losing. The circle may grow larger signifying the progress being made, but the hard-fought victories in terms of racial justice are always met with a vicious backlash that makes progress a circular motion where we end up, it seems, where we began.
If the United States is ever going to create a society of real growth and opportunity, it needs to stop chasing its tail. It needs to change its belief that correcting past wrongs is somehow to penalize someone else. The irony is that those who complain about reverse discrimination are the ones who have been the beneficiaries of a system of discrimination. A strong society must come to terms with its history; tell the stories of the good, the bad, and the ugly; and muster the courage to create and maintain policies, programs, and systems that correct the sins of the past.
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