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 reporting for the New Statesman from the US. He tweets @NickyWoolf.

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How the Brexit referendum has infantilised British politics

Politicians like Boris are not characters in a fantasy show. If they aspire to high office then they must be held to high standards. 

Ancient Greece is the cradle of modern Europe.  From its primordial soup emerged so much of our culture, our language and our politics. Of the three, it seems to be the politics that has made the least progress over the centuries. In fact, if you dropped an Athenian into the middle of politics in the UK today, they would find themselves right at home. This is not because of the direct democracy, the demagogues or the xenophobia, though all are worryingly familiar, but because of the style of the debate itself.

To understand politics in ancient Greece you have to grasp that they had no concept of ‘the truth’. This is not to say that they were liars, simply that the framework by which we judge credibility was not one they would have recognised. The myths and legends that dominated their discourse were neither thought of as being ‘true’ or ‘made-up’, they simply were, and the fact of their being known allowed them to be used as reference points for debate and argument.

Modern politics seems to be sliding back towards this infant state, and nothing embodies this more than the childish slanging match that passes for an EU referendum debate. In the past six years the UK has had three great exercises of direct democracy and it is safe to say none of the campaigns have added a great deal to sum of human enlightenment. Who remembers the claims that babies would die as a result of the special voting machines needed to conduct AV elections? But the EU referendum has taken this to new extremes. The In campaign are executing what is a fairly predictable strategy, the kind of thing that is normal fare in politics these days. Dossiers of doomsday scenarios. Experts wheeled out. Statistics embellished to dazzle the public. One can question the exact accuracy, but at least you feel they operate within certain parameters of veracity.

What is happening on the Out side, in contrast, is the collective nervous breakdown of a large section of the political establishment. Just this week we have had Penny Mordaunt, a government minister, flat-out denying the UK’s right to veto new accessions to the EU. We have seen the fiercely independent Institute for Fiscal Studies denounced as a propaganda arm for Brussels. Most bizarrely, Boris Johnson even tried to claim that the EU had banned bananas from being sold in bunches larger than three, something that nobody who has actually visited a shop in the UK could possibly believe. These kind of claims stretch our political discourse way beyond the crudely drawn boundaries of factual accuracy that normally constrain what politicians can do and say. Surely the people peddling these myths can never be taken seriously again?

But they will. You just watch as Johnson, Mordaunt and the rest slide effortlessly back into public life. Instead of being ridiculed for their unhinged statements, they will be rewarded with plush offices and ministerial cars. Journalists will continue to hang on every word they say. Their views will be published in newspapers, their faces will flit ceaselessly across our TV screens. Johnson is even touted as a plausible future leader of our country, possibly before the year is out. A man who over his meandering career seems to have held every possible opinion on any topic you care to name. Or rather, perhaps it is more accurate to say that the character we call Boris has no opinions at all, simply interests. The public, who have scant regard for a political class they believe to be untrustworthy, seem to have taken a shine to a man who is perhaps the most fundamentally dishonest of Westminster’s denizens.

What does all this say about the state of our politics? If it is true that we are seeing the advent of ‘post-truth’ politics, as some have argued, then it has grown out of the corrosive relationship between politicians and the public. It is both a great irony and a great tragedy that the very fact that people distrust all politicians is what has permitted the most opportunistic to peddle more and more outlandish claims. Political discourse has ceased to be a rational debate with agreed parameters and, like the ancient Greeks, more resembles a series of competing myths. Claims are assessed not by their accuracy but by their place in the grand narrative which is politics.

But the truth matters. For the ancients it was the historian Thucydides who shifted the dial decisively in favour of fact over fiction. In writing his Histories he decided that he wanted to know what actually happened, not just what made a good story. In a similar vein British politics needs to take a step back towards the real world. Broadcasters launching fact-checkers are a good start, but we need to up the level of scrutiny on political claims and those who make them. At times it feels like the press operate as a kind of counterweight to Game of Thrones author George RR Martin, going easy on much-loved characters for fear of upsetting the viewers.

But politicians like Boris are not characters in a fantasy show. If they aspire to high office then they must be held to high standards. If politics is the art of the possible, then political discourse is the art of saying what you can get away with. Until there are consequences for the worst offenders, the age of post-truth politics will continue suck the life from our public debate.