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Posts Tagged ‘Joseph Bradley

Justice Scalia, Voting Rights, and Racial Entitlement

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Demonstrators walk down a street during the civil rights march from Selma to Montgomery, Alabama in 1965. (Peter Pettus. 1965. Library of Congress Prints and Photographs Division. Lot 13514, no. 25. More about the photograph)

Demonstrators walk down a street during the civil rights march from Selma to Montgomery, Alabama in 1965. (Peter Pettus. 1965. Library of Congress Prints and Photographs Division. Lot 13514, no. 25. More about the photograph)

[updated below]

The Supreme Court, according to many, seems poised to strike down Section 5 of the Voting Rights Act, which would make it far easier for states and localities to engage in all manner of disenfranchisement knowing full well that it will take forever for a federal court to rule against them via the normal litigation process.  Creativity in such things is not a rare quality.

This should have been settled a long time ago.  As Justice Frankfurter said:

The reach of the Fifteenth Amendment against contrivances by a state to thwart equality in the enjoyment of the right to vote by citizens of the United States regardless of race or color, has been amply expounded by prior decisions. Guinn v. United States, 238 U.S. 347 , 35 S.Ct. 926, L.R.A.1916A, 1124; Myers v. Anderson, 238 U.S. 368 , 35 S.Ct. 932. The Amendment nullifies sophisticated as well as simple-minded modes of discrimination. It hits onerous procedural requirements which effectively handicap exercise of the franchise by the colored race although the abstract right to vote may remain unrestricted as to race.

Ironically, the Court (via Chief Justice Warren) used Selma, Alabama to illustrate the necessity of Section 5: Read the rest of this entry »

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