The Supreme Court ruled Tuesday that a key provision of the landmark Voting Rights Act cannot be enforced unless Congress comes up with an up-to-date formula for deciding which states and localities still need federal monitoring.
The justices said in 5-4 vote that the law Congress most recently renewed in 2006 relies on 40-year-old data that does not reflect racial progress and changes in U.S. society.
The court did not strike down the advance approval requirement of the law that has been used, mainly in the South, to open up polling places to minority voters in the nearly half century since it was first enacted in 1965. But the justices did say lawmakers must update the formula for determining which parts of the country must seek Washington’s approval, in advance, for election changes.
Chief Justice John Roberts said for the conservative majority that Congress “may draft another formula based on current conditions.”
That task eluded Congress in 2006 when lawmakers overwhelmingly renewed the advance approval requirement with no changes in which states and local jurisdictions were covered, and Congress did nothing in response to a high court ruling in a similar challenge in 2009 in which the justices raised many of the same concerns.
“The coverage formula that Congress reauthorized in 2006 ignores these developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data reflecting current needs,” Roberts said.
The decision means that a host of state and local laws that have not received Justice Department approval or have not yet been submitted will be able to take effect. Prominent among those are voter identification laws in Alabama and Mississippi.
Going forward, the outcome alters the calculus of passing election-related legislation in the affected states and local jurisdictions. The threat of an objection from Washington has hung over election-related proposals for nearly a half century. At least until Congress acts, that deterrent now is gone.