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MUD

US Supreme Court Avoids Major Changes to Section 5 of Voting Rights Act


by: Karl-Thomas Musselman

Mon Jun 22, 2009 at 07:31 PM CDT

In an 8-1 ruling, the US Supreme Court upheld Section 5 pre-clearance as related to the decades old Voting Rights Act. While sidestepping the question of the constitutionality of the VRA, the court issued a narrow ruling that expanded the definition of what constitutes a "political subdivision" that is allowed to apply for exemption from pre-clearance.

The case, Northwest Austin Municipal Utility District v Holder (08-322), began here in Austin The term "political subdivision" was previously defined to include "counties, parishes, and voter-registering subunits." In the decision today, the "bailout" option was expanded to include all governmental subdivisions including Municipal Utility District's like the one in Austin that sought Supreme Court relief.

Today's ruling does not preclude a future challenge to the Voting Rights Act on broader constitutional grounds. Given that the court declined to take advantage of this case for that purpose, it may signal disinterest to address the subject agin for the immediate future. As a result, major changes to Texas election law, specifically a Voter Photo ID requirement and the 2011 redistricting plans, will be subject to review and approval by the Obama Justice Department.

The court's ruling can be read here (pdf).  

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