November 21, 2023
“Court Turns the Tide: Ruling Could Curb Enforcement of Voting Rights Act
A recent U.S. court of appeals decision could have far-reaching implications for the enforcement of the 1965 Voting Rights Act. The decision by three appeals court judges has called into question the constitutionality of Section 3 of the Act, which allows for a certain level of federal oversight of state election laws in order to prevent racial discrimination.
The case in question was brought forward by two North Carolina residents who are challenging a state voting law that requires a photo ID to be presented in order to vote. They argued that this law was in conflict with Section 3 of the Voting Rights Act, and that the law should be struck down as unconstitutional.
The appeals court disagreed, ruling that Congress did not have the authority to pass legislation that would allow for federal oversight of state voting laws. In its decision, the court stated that Congress did not have the authority to pass such legislation since it is not explicitly enumerated in the U.S. Constitution.
The decision could put the enforcement of the Voting Rights Act in jeopardy, as states may now be able to pass laws that could restrict or even prevent individuals from voting due to race or other factors. The decision could also make it difficult for the federal government to pursue legal action against states that are found to be in violation of the act.
The ruling has been appealed to the Supreme Court, where it is likely to be taken up for consideration in the near future. Until then, the future of the Voting Rights Act remains uncertain and it remains to be seen how much of an effect the appeals court decision will have on the enforcement of the law.