Thursday, June 20, 2013

Voter Suppression Gets Supreme Court Invitation

Forget the Dead Law Walking Voting Rights Act; it's the decision overturning Arizona's proof-of-citizenship law that is going to enable repugs to prevent Democratic voters from ever casting another ballot.

Zandar explains:

The always awesome Lyle Denniston at SCOTUSBlog recaps Monday's Supreme Court decision in Arizona v. Inter Tribal Council of Arizona, where in a 7-2 decision, the Supremes declared that federal election law does indeed trump state law when it comes to the mechanics of voting.  But Lyle points out the larger issue in the decision:  when it comes to who is allowed to vote using those federal rules, states get to determine eligibility.
SNIP.

In other words, Wario Scalia has just opened the door to serious court challenges to federal election laws.  It's a decision that means the only reason Arizona can't force proof of citizenship in order to vote is because that has to be a national requirement, and that Arizona really, really should sue the federal government in order to make it so.

It also means that states are free to disqualify people from voting for various reasons, mostly through voter ID requirements.

If all of this gives you a headache, it's supposed to.  It's an argument that when it comes to federal elections, the how and when is done by the feds, but the question of who is up to the states and the states alone, and that Congress has no power to interfere in who a state allows to vote.

That bodes very, very badly for the days and weeks ahead in the other big voting rights case, Shelby County v. Holder, that will determine the power Congress has in the Voting Rights Act.  I'm more convinced than ever that Section 5 of the VRA will be toast, and that GOP-controlled states will do everything they can to disenfranchise millions in future elections.
There's only one way to stop it, and that's to elect progressive and liberal Democratic candidates to the state legislature. And the only way to do that is to run progressive and liberal Democratic candidates who will inspire sit-at-home Democratic voters to get out to the polls.

It's the turnout, stupid.

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