February 25, 2013
In the Media
Making sure race is considered
By Janai S. Nelson
Reuters | The Great Debate
February 25, 2013
Excerpt:
The Voting Rights Act has worked for almost 50 years to remove
racial discrimination from the electoral process and prevent its
return. Wednesday the U.S. Supreme Court is expected to hear oral
argument on the constitutionality of Section 5, one of the act’s
most powerful provisions. Section 5’s work is done, this argument
goes, and the provision has outlived its usefulness.
Yet some of Section 5’s most important work lies beyond its
technical application.Section 5 requires that jurisdictions with a
documented history of racial discrimination in voting seek federal
approval for any voting changes. The aim is to ensure that new
voting laws will not “retrogress” — or harm — minority voting
rights. It subtly and constructively inserts race into electoral
decision-making — creating a race consciousness among
decision-makers that can often preempt discrimination. This
deterrent effect, and its impact on the discourse of race in
elections, may be Section 5’s most important — and unfinished —
work.
Continue Reading