Wednesday, March 14, 2012
State of Texas challenges constitutionality of Section 5 of the Voting Rights Act
The U.S. Supreme Court has already upheld the constitutionality of laws requiring voters to show a photo ID when voting at the polls. The U.S. Department of Justice argued in favor of those laws just a few years ago. For the Department of Justice to now contend that Texas cannot implement its voter ID law denies Texas the ability to do what other states can rightfully exercise under the Constitution.
The U.S. Supreme Court expressed serious misgivings about Section 5 in the Northwest Austin Municipal Utility District case. As recently as two months ago, Justice Kennedy stated from the bench that Section 5 places Texas at a disadvantage compared to other states. The Department of Justice is using Section 5 to deny Texas the right to enforce a law that is allowed under the U.S. Constitution. Section 5 cannot trump the Constitution.