The heart of the Voting Rights Act ruled unconstitutional by the Supreme Court

The problem is that the racism the Voting Rights Act attempts to counteract never really went away.

This August it will be exactly fifty years since Martin Luther King Jr stood and told over quarter of a million people: “I have a dream.” It was one of the defining moments of the civil rights movement, and it led to the Voting Rights Act just two years later which outlawed discriminatory voting practices in the historically racist south.

The Supreme Court in America just celebrated this anniversary by striking down one of the central provisions of that Act, at a time when American civil liberties are already being infringed-upon by an invasive surveillance state – and at a time, moreover, when the case of the shooting of a young black teenager, Trayvon Martin, has brought racial tensions in the South to the fore again too. It's not been a good year for the "land of the free".

In a devastating ruling, the Supreme Court of the United States yesterday voted as section four of the Act, which gives federal oversight to the voting procedures of certain southern states, unconstitutional. Changes in these procedures will now have to be challenged after the fact in court – an expensive and difficult process.

“During [the last 40 years], largely because of the Voting Rights Act, voting tests were abolished, disparities in voter registration and turnout due to race were erased, and African-Americans attained political office in record numbers,” said Chief Justice Roberts in his opinion to the court. “And yet the coverage formula that Congress reauthorised in 2006 ignores these developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data reflecting current needs.”

Racism in the US, needless to say, is not as quick to die as Roberts seems to think. Martin Luther King's speech was itself given on an other auspicious anniversary, that of the Emancipation Proclamation outlawing slavery in the US. That historic document, signed 150 years ago, ended slavery, but began a century-long epoch of discrimination. King fought against it, and the Voting Rights Act was a significant victory, but the racism the Act attempts to counteract never really went away.

Roberts seems to genuinely believe that the fight against institutional racism has been won. Even if that were true, which it is not, the Act's real strength was its protection not just against overtly racist practices but against economic- and literacy-based voting tests that de facto discriminate against minorities or lower economic groups. These protections are still badly needed. Voter ID laws, which discriminate against minority groups less likely to have ID, have already been imposed by 30 states. Congressional districts are already gerrymandered to breaking-point to give disproportionate representation to wealthy, white Republicans and last year's election campaign was marred by dirty tactics like restricting early voting hours in counties with large black communities. If anything, the Voting Rights Act needed to be expanded, not gutted.

The Court's decision now puts the onus on Congress to justify federal oversight under the Act, which effectively rules it out – Congress is gridlocked and dominated by Republicans with an eye on the 2016 election, for whom this ruling is a godsend.

Justice Ruth Bader Ginsberg, a former civil rights lawyer, wrote a damning dissenting opinion. “The sad irony of today’s decision lies in [the Court's] utter failure to grasp why the VRA has proven effective,” she wrote. “The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed.”

“With that belief,” she concluded, “…history repeats itself.”

The decision has had immediate practical consequences. Changes in voting procedures that had required advance federal approval, including voter identification laws and restrictions on early voting, will now be subject only to after-the-fact litigation. Texas, one of the states now free to impose whatever voting restrictions it may choose, did not seem to even pause for breath. “With today’s decision the state’s voter ID law will take effect immediately,” Texas’ Republican attorney general Greg Abbott said today with relish, making the land of the free a little less free with every word.

Appalled, I mentioned the case to my room-mate here in New York this afternoon.

“Welcome to America,” she said.

Alabama residents outside the Supreme Court. Photograph: Getty Images

Nicky Woolf is a writer for the Guardian based in the US. He tweets @NickyWoolf.

Photo: Getty
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Grenfell survivors were promised no rent rises – so why have the authorities gone quiet?

The council now says it’s up to the government to match rent and services levels.

In the aftermath of the Grenfell disaster, the government made a pledge that survivors would be rehoused permanently on the same rent they were paying previously.

For families who were left with nothing after the fire, knowing that no one would be financially worse off after being rehoused would have provided a glimmer of hope for a stable future.

And this is a commitment that we’ve heard time and again. Just last week, the Department for Communities and Local Government (DCLG) reaffirmed in a statement, that the former tenants “will pay no more in rent and service charges for their permanent social housing than they were paying before”.

But less than six weeks since the tragedy struck, Kensington and Chelsea Council has made it perfectly clear that responsibility for honouring this lies solely with DCLG.

When it recently published its proposed policy for allocating permanent housing to survivors, the council washed its hands of the promise, saying that it’s up to the government to match rent and services levels:

“These commitments fall within the remit of the Government rather than the Council... It is anticipated that the Department for Communities and Local Government will make a public statement about commitments that fall within its remit, and provide details of the period of time over which any such commitments will apply.”

And the final version of the policy waters down the promise even further by downplaying the government’s promise to match rents on a permanent basis, while still making clear it’s nothing to do with the council:

It is anticipated that DCLG will make a public statement about its commitment to meeting the rent and/or service charge liabilities of households rehoused under this policy, including details of the period of time over which any such commitment will apply. Therefore, such commitments fall outside the remit of this policy.”

It seems Kensington and Chelsea council intends to do nothing itself to alter the rents of long-term homes on which survivors will soon be able to bid.

But if the council won’t take responsibility, how much power does central government actually have to do this? Beyond a statement of intent, it has said very little on how it can or will intervene. This could leave Grenfell survivors without any reassurance that they won’t be worse off than they were before the fire.

As the survivors begin to bid for permanent homes, it is vital they are aware of any financial commitments they are making – or families could find themselves signing up to permanent tenancies without knowing if they will be able to afford them after the 12 months they get rent free.

Strangely, the council’s public Q&A to residents on rehousing is more optimistic. It says that the government has confirmed that rents and service charges will be no greater than residents were paying at Grenfell Walk – but is still silent on the ambiguity as to how this will be achieved.

Urgent clarification is needed from the government on how it plans to make good on its promise to protect the people of Grenfell Tower from financial hardship and further heartache down the line.

Kate Webb is head of policy at the housing charity Shelter. Follow her @KateBWebb.