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.

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What are the consequences of Brexit for the refugee crisis?

Politicians neglected the refugee crisis whilst campaigning – but they shouldn't now concede to the darker undertones of the debate.

In the chaotic aftermath of Brexit, the refugee crisis seems like a distant memory. Yet not even a year has passed since the body of a young Syrian boy washed up on a Turkish beach, shocking the world.

When campaigning for the EU referendum began, politicians neglected the crisis. Not because the situation had ameliorated, but because the issue had become strategically toxic. Nigel Farage's infamous poster aside, the Leave side preferred scare stories about economic migrants rather than refugees; the Remain side because the refugee crisis, more than anything else since its inception, highlighted the fragility of the ideals that underpin the European Union.

Many of the main issues aired in the course of the referendum debate were related to the refugee crisis, regardless of how little it impacted on them in reality; immigration, strain on public services, national identity. The refugee crisis became a proxy issue; implied, but not addressed, for fear of detrimental impact in the polls.

However, in his repugnant posters (it should be stressed, nothing to do with Leave campaign itself), Nigel Farage made explicit what he thought posed the greatest threat to the UK. Rightly, the posters have been condemned by both sides of the referendum debate, but the underlying suspicion of refugees it reflects has concerned many organisations.Their concern has only been exacerbated by the result of the referendum. The spike in hate crime compounds their fears.

Paul Dillane, head of UKLGIG, a charity that supports LGBTI asylum seekers to the UK, expressed unease at the reaction of his clients: “The asylum seekers I work with do not understand the decision that has been made – they feel vulnerable, they feel unwelcome. Yes the law hasn’t changed, and if they’re at risk of persecution, they will be protected. But they don’t feel like that now.”

Despite the troubling situation, the result of the referendum changes little when it comes to refugee law. “Refugee policy is shaped in London, not in Brussels”, said Stephen Hale, Chief Executive of Refugees Action. “The decision about how well we support refugees in terms of integration is a matter for the UK, not Brussels. The number of Syrian refugees we choose to resettle is a matter for the UK, not Brussels.”

Although the law may not have changed, from a diplomatic or political perspective, the same cannot be said. This does have the power to negatively impact legislation. Post-Brexit reaction in France surrounding the Touquet Treaty typifies this.

The Touquet Treaty, reached between the UK and France in 2003, permits each country to carry out passport checks on the other countries’ soil. It is what, according to French politicians in Calais, has accelerated the growth of the "Jungle", which currently accommodates close to 5,000 refugees.

Because the agreement was signed outside the auspices of the European Union, Brexit does not affect its legal legitimacy. However, for France, EU membership was crucial to the nature of the agreement. Speaking earlier this year, Harlem Desir, French Secretary of State for European Affairs, said the Touquet Treaty is “a bilaterial agreement. So, there will be no blackmail, nor threat, but it’s true that we cooperate more easily in both being members of the EU.”

Natacha Bouchart, mayor of Calais and a long-time critic of the treaty, has been vocal in her demands for legislative change since the result. Speaking to French broadcaster BGM TV, she said: “The British must take on the consequences of their choice. We are in a strong position to push, to press this request for a review and we are asking the President to bring his weight to the issue.” Some have adopted the slogan of the Leave campaign, telling them to now “take back control of your borders.”

Modification of the Touquet Treaty was branded part of ‘Project Fear’ by the Leave campaign. Because of this, change – if indeed it does happen – needs to be handled carefully by both the British and French governments.

The reaction of Natacha Bouchart is already a worrying sign for refugees. Firstly, it perpetuates the toxic narrative that casts refugees as an inconvenience. And secondly, any souring of relations between the UK and France over Brexit and the Touquet Treaty only increases the likelihood of refugees being used as political bargaining chips in the broader EU crisis over Schengen.

A divided government and disintegrating opposition do little to aid the situation. Furthermore, come October, how likely is a Brexit Tory cabinet – governing off the back of a manifesto predicated on reducing immigration – to extend the support networks offered to refugees? Even before the referendum, Theresa May, a supporter of the Remain campaign, said that Britain should withdraw from the European Convention on Human Rights, replacing it with the more questionable Bill of Rights.

Uncertainty of any kind is the most immediate danger to refugees. “Everyone is talking about it,” said Clare Mosesly, founder of Care4Calais. “But opinions on the impact are divided, which is creating yet more uncertainty.” Refugees, unsure whether Brexit will lead to increased fortification of the border, are prone to take ever more dangerous risks to reach the UK. Even economic uncertainty, seemingly distinct from issues such as the refugee crisis or immigration, has a negative impact. “The thing that worries me about a fragile economy”, said Paul Dillane, “is that when a country’s economy suffers, minorities suffer as well. Tolerance and inclusivity are undermined.”

The government must stress that the welcoming principles and legislation Britain had prior to Brexit remain in place. Andrej Mahecic, from the UNHCR, said “we will continue to rely on the UK’s strong support for humanitarian responses to refugee crises. Our work with the government on the UK’s asylum system and refugee resettlement schemes continues.”

The will from NGOs is there. The political will is less assured. In the aftermath of Brexit, the government must not concede to the darker side of the referendum debate.