From 1965 to Now, Supreme Court Ruling Changes Key Legislation

Library of Congress

WABE’s Rose Scott reports the 5-4 Supreme Court ruling striking down a key provision of the Voting Rights Act is also being called a landmark ruling affecting legislation that meant so much at the time it was enacted.

The date was August 6th, 1965 and President Lyndon Baines Johnson is set to sign the Voting Rights Act.

“Millions of Americans are denied the right to vote because of their color. This law will ensure them the right to vote. The wrong is one which no American, in his heart, can justify.”

Months earlier on the national news program Meet the Press, Dr. Martin Luther King, Jr talked about voting issues that many blacks were experiencing in the south.

http://www.youtube.com/watch?v=fAtsAwGreyE

“There must be an agreement on the part of the political power structure of the south to guarantee the unhampered right to vote. This must be done with zeal and it must done with good faith.”

In today’s ruling, WABE legal analyst Page Pate says the Supreme Court seemingly leaves it up to Congress to determine what effect of discrimination still exists in voting situations.

“But the Supreme Court recognizes that there’s a big difference between the judicial branch and legislative branch. What’s interesting though is they have struck down something that was passed by the legislative branch and then asked the legislative branch to go back in and fix it. That’s a little unusual as far as the posture of this particular case. ”

Striking down section four of the voting rights act says Pate means waiting for what he calls a discriminatory effect.

“Wait until it costs some elections before there it can be a legislative or judicial remedy. That’s the potential real downside of this decision—is instead of pre-clearing these things, Congress or judiciary will  now have to wait until after the voting procedures or regulations are in effect and after that’s been some discriminatory effort.”

Georgia Secretary of State Brian Kemp said today Georgia will still follow election laws to ensure voter equality.