Supreme Court Limits the Reach of Voting Rights Act
by: David G. Savage
The Los Angeles Times

The justices rule in a North Carolina case that there is
no duty to draw voting districts that would elect black
candidates in areas where blacks are less than a majority.

Washington – The Supreme Court limited the reach of the
Voting Rights Act on Monday, ruling that there was no duty
to draw voting districts that would elect black candidates
in areas where blacks were less than a majority.

In a 5-4 decision, the court said officials need not
consider race when drawing districts for state
legislatures, county boards, city councils and school
districts, so long as blacks did not make up a voting
majority in a particular area.

Justice Anthony M. Kennedy, speaking for the court, said
the law could “hasten the waning of racism in American
politics” by making race less of a factor in drawing
electoral districts.

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State lawmakers in North Carolina had drawn a district with
a 39% black population that could have a chance of electing
an African American. In Monday’s decision, the justices
rejected the “crossover district,” which had resulted in
the election of a black woman to the state’s General
Assembly.

The court said the law applied “only when a geographically
compact group of minority voters could form a majority in
a single-member district,” Kennedy said.

The decision arose under the Voting Rights Act of 1965, the
landmark law that made voting rights a reality for blacks
in the South. Until passage of the act, states and counties
had used schemes to bar blacks from registering and casting
ballots.

But the portions of the act that deal with election
districts have proved more confusing and controversial.
In 1982, Congress revised the law to say states may not
deprive minority voters of the opportunity to “elect
representatives of their choice.”

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Until Monday, there has been a dispute over how to read
that requirement.

On the one hand, the court agreed that lawmakers may not
divide up a solidly minority community and thereby deprive
black or Latino voters of electing the “representative of
their choice.”

On the other hand, the law does not require officials to
try to create a crossover district, where a sizable
minority population and some whites probably would elect
a black candidate, the justices said.

In North Carolina, county officials had challenged a
district in the southeastern part of the state because
it combined voters from two counties. The North Carolina
Supreme Court agreed with the challengers and said state
law forbids breaking up counties.

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In their appeal, North Carolina lawmakers said they were
following the mandate of the Voting Rights Act.

The Supreme Court affirmed the state court ruling. Chief
Justice John G. Roberts Jr. and Justices Antonin Scalia,
Clarence Thomas and Samuel A. Alito Jr. joined Kennedy to
form the majority.

In dissent, Justice David H. Souter said the ruling took
a step backward because it would discourage “minority-
opportunity districts” in which blacks or Latinos could
win with the support of whites.

Senate Judiciary Committee Chairman Patrick J. Leahy
(D-Vt.) said the ruling “dealt a serious blow to the
progress of the civil rights movement” by limiting the
application of the Voting Rights Act.

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