In
the opinion, the panel of judges said that the law restricted voting in
ways that "disproportionately affected African Americans" and that its
provisions targeted "African Americans with almost surgical precision."
It said the state's defense of the law was "meager."
"Thus the asserted justifications cannot and do not conceal the state’s true motivation," the opinion said.
It
noted that the legislation was passed as African American voter turnout
had expanded to almost the rates of whites, and that the legislature
enacted the legislation after the Supreme Court gutted the Voting Rights
Act, which had required North Carolina to seek federal approval for
changes to its voting policies. The appeals court -- citing a lower
court's findings -- pointed out that state lawmakers sought data
breaking down voting practices by race. The judges said that the law's
provisions singled out the practices disproportionately popular among
African Americans, such as preregisteration and provisional voting.
The
appeals court declined the request of the challengers to put North
Carolina back under "preclearance" -- the requirement for federal
approval of voting laws in certain states that was partially dismantled
by the Supreme Court in 2013 -- as is allowed by Section 3 of the Voting
Rights Act when discriminatory intent is found. The appeals court said
the remedy was "rarely used" and "not necessary" in this case.


the Washington Post,