Take that, Tom Horne! Federal judge upholds constitutionality of Voting Rights Act

Posted by AzBlueMeanie:

Arizona Attorney General Tom "banned for life by the SEC " Horne's politcally motivated legal challenge to the constitutionality of the Voting Rights Act has been exposed for the frivolous "junk lawsuit" that it is by a federal judge in Alabama. This is just the latest in a long series of precedents over the 46 years that the Voting Rights Act has been law.

A federal judge, appointed by President George W. Bush no less, has upheld the constitutionality of a part of the Voting Rights Act that requires certain parts of the country to have their election laws precleared by the federal government to prevent unlawful discrimination, shooting down a challenge from Shelby County, Alabama. Judge Upholds Constitutionality Of Section Five Of Voting Rights Act | TPMMuckraker:

"Bearing in mind both the historical context and the extensive evidence of recent voting discrimination reflected in that virtually unprecedented legislative record, the Court concludes that 'current needs' — the modern existence of intentional racial discrimination in voting — do, in fact, justify Congress's 2006 reauthorization of the preclearance requirement imposed on covered jurisdictions by Section 5, as well as the preservation of the traditional coverage formula embodied in Section 4(b)," U.S. District Court Judge John D. Bates wrote.

"Despite the effectiveness of Section 5 in deterring unconstitutional voting discrimination since 1965, Congress in 2006 found that voting discrimination by covered jurisdictions had continued into the 21st century, and that the protections of Section 5 were still needed to safeguard racial and language minority voters," Bates continued.

"Understanding the preeminent constitutional role of Congress under the Fifteenth Amendment to determine the legislation needed to enforce it, and the caution required of the federal courts when undertaking the 'grave' and 'delicate' responsibility of judging the constitutionality of such legislation — particularly where the right to vote and racial discrimination intersect — this Court declines to overturn Congress's carefully considered judgment," Bates wrote.

Voting rights advocates quickly praised the ruling.

"Judge Bates' ruling preserves the effectiveness of the Voting Rights Act, which has been and will continue to be our country's most important means for preserving the right to vote and preventing discrimination in the electoral process," John Nonna, a Lawyers' Committee board member, said in a statement.

Take that, Tom Horne!