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.

GETTY
Show Hide image

Brexit will hike energy prices - progressive campaigners should seize the opportunity

Winter is Coming. 

Friday 24th June 2016 was a beautiful day. Blue sky and highs of 22 degrees greeted Londoners as they awoke to the news that Britain had voted to leave the EU.  

Yet the sunny weather was at odds with the mood of the capital, which was largely in favour of Remain. And even more so with the prospect of an expensive, uncertain and potentially dirty energy future. 

For not only are prominent members of the Leave leadership well known climate sceptics - with Boris Johnson playing down human impact upon the weather, Nigel Farage admitting he doesn’t “have a clue” about global warming, and Owen Paterson advocating scrapping the Climate Change Act altogether - but Brexit looks set to harm more than just our plans to reduce emissions.

Far from delivering the Leave campaign’s promise of a cheaper and more secure energy supply, it is likely that the referendum’s outcome will cause bills to rise and investment in new infrastructure to delay -  regardless of whether or not we opt to stay within Europe’s internal energy market.

Here’s why: 

1. Rising cost of imports

With the UK importing around 50% of our gas supply, any fall in the value of sterling are likely to push up the wholesale price of fuel and drive up charges - offsetting Boris Johnson’s promise to remove VAT on energy bills.

2. Less funding for energy development

Pulling out of the EU will also require us to give up valuable funding. According to a Chatham House report, not only was the UK set to receive €1.9bn for climate change adaptation and risk prevention, but €1.6bn had also been earmarked to support the transition to a low carbon economy.

3.  Investment uncertainty & capital flight

EU countries currently account for over half of all foreign direct investment in UK energy infrastructure. And while the chairman of EDF energy, the French state giant that is building the planned nuclear plant at Hinkley Point, has said Brexit would have “no impact” on the project’s future, Angus Brendan MacNeil, chair of the energy and climate select committee, believes last week’s vote undermines all such certainty; “anything could happen”, he says.

4. Compromised security

According to a report by the Institute for European Environmental Policy (the IEEP), an independent UK stands less chance of securing favourable bilateral deals with non-EU countries. A situation that carries particular weight with regard to Russia, from whom the UK receives 16% of its energy imports.

5. A divided energy supply

Brexiteers have argued that leaving the EU will strengthen our indigenous energy sources. And is a belief supported by some industry officials: “leaving the EU could ultimately signal a more prosperous future for the UK North Sea”, said Peter Searle of Airswift, the global energy workforce provider, last Friday.

However, not only is North Sea oil and gas already a mature energy arena, but the renewed prospect of Scottish independence could yet throw the above optimism into free fall, with Scotland expected to secure the lion’s share of UK offshore reserves. On top of this, the prospect for protecting the UK’s nascent renewable industry is also looking rocky. “Dreadful” was the word Natalie Bennett used to describe the Conservative’s current record on green policy, while a special government audit committee agreed that UK environment policy was likely to be better off within the EU than without.

The Brexiteer’s promise to deliver, in Andrea Leadsom’s words, the “freedom to keep bills down”, thus looks likely to inflict financial pain on those least able to pay. And consumers could start to feel the effects by the Autumn, when the cold weather closes in and the Conservatives, perhaps appropriately, plan to begin Brexit negotiations in earnest.

Those pressing for full withdrawal from EU ties and trade, may write off price hikes as short term pain for long term gain. While those wishing to protect our place within EU markets may seize on them, as they did during referendum campaign, as an argument to maintain the status quo. Conservative secretary of state for energy and climate change, Amber Rudd, has already warned that leaving the internal energy market could cause energy costs “to rocket by at least half a billion pounds a year”.

But progressive forces might be able to use arguments on energy to do even more than this - to set out the case for an approach to energy policy in which economics is not automatically set against ideals.

Technological innovation could help. HSBC has predicted that plans for additional interconnectors to the continent and Ireland could lower the wholesale market price for baseload electricity by as much as 7% - a physical example of just how linked our international interests are. 

Closer to home, projects that prioritise reducing emission through tackling energy poverty -  from energy efficiency schemes to campaigns for publicly owned energy companies - may provide a means of helping heal the some of the deeper divides that the referendum campaign has exposed.

If the failure of Remain shows anything, it’s that economic arguments alone will not always win the day and that a sense of justice – or injustice – is still equally powerful. Luckily, if played right, the debate over energy and the environment might yet be able to win on both.

 

India Bourke is the New Statesman's editorial assistant.