Thursday, July 25, 2013
Attorney General Eric Holder: He's Alive!!
In a move that surprised most people inside and outside the Beltway who thought he was safely cocooned in a pleasant haze from all that bud his people were confiscating, Attorney General Eric Holder has sicced the Dept. of Justice on Texas efforts to keep "undesirable" from voting.
Attorney General Eric H. Holder Jr. announced on Thursday that the Justice Department would ask a court to require Texas to get permission from the federal government before making voting changes in that state for the next decade. The move opens a new chapter in the political struggle over election rules after the Supreme Court struck down a portion of the Voting Rights Act last month.Boy Howdy! The Dread Chief Justice Roberts is going to catch a lot of flak for not eliminating the law in its entirety.
In a speech before the National Urban League in Philadelphia, Mr. Holder also indicated that the court motion — expected to be filed later on Thursday — was most likely just an opening salvo in a new Obama administration strategy to try to reimpose “preclearance” requirements in parts of the country that have a history of discriminating against minority voters.
His statements come as states across the South, from Texas to North Carolina, have been rushing to enforce or enact new restrictions on voting eligibility after the Supreme Court’s ruling in Shelby County v. Holder, which removed that safeguard.
“This is the department’s first action to protect voting rights following the Shelby County decision, but it will not be our last,” Mr. Holder said. “Even as Congress considers updates to the Voting Rights Act in light of the court’s ruling, we plan, in the meantime, to fully utilize the law’s remaining sections to subject states to preclearance as necessary. My colleagues and I are determined to use every tool at our disposal to stand against such discrimination wherever it is found.”
The move relies on a part of the Voting Rights Act that the Supreme Court left untouched. In the Shelby County case, the court struck down the coverage formula in Section 4 of the law, which had subjected Texas and eight other mostly Southern states to federal oversight based on 40-year-old data. The court suggested that Congress remained free to enact a new coverage formula based on contemporary data, but most analysts say that is unlikely.
Striking down the law’s coverage formula effectively guts Section 5 of the law, which requires permission from federal authorities before covered jurisdictions may change voting procedures.
The move by the Justice Department on Thursday relies on Section 3, which allows the federal government to get to the same place by a different route, called “bail in.” If the department can show that given jurisdictions have committed constitutional violations, federal courts may impose federal oversight on those places in piecemeal fashion.
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