Texas lawyer Gregory Coleman is the lead attorney in two landmark cases to come before the court. But some people, such as Coleman, are attempting to turn Obama's victory into defeat by asserting his presidency is proof of a post-racial society where there is no continued need for protections under the Voting Rights Act (VRA) of 1965. Such a campaign is on a collision course with change in America.
It's commendable and significant that Eric Holder, the nation's first Black attorney general, is defending the VRA and that Obama still sees the need to protect all voters' rights. Here's a summary of a few historic cases:
Voting Rights Act
In March, the Lawyers' Committee, along with other civil-rights organizations, filed a major brief before the Supreme Court defending the Constitutionality of Section 5 of the VRA. The brief was filed on behalf of the Texas State Conference of the NAACP and the Austin NAACP to defend the voting rights of the traditionally underrepresented.
Section 5, widely recognized as one of the most effective civil-rights laws ever adopted, requires federal review before new voting procedures can be used in states with histories of discriminatory voting practices. Section 5 was one of the original provisions of the VRA that Congress passed in '65; since then, Congress reauthorized Section 5 four more times, the latest being in 2006. Days after Congress' 2006 reauthorization was signed into law by President George W. Bush, advocates who intend to limit "minority-voting rights" picked this small district to challenge the constitutionality of this significant act.
The municipal utility district (MUD), in Travis County, Texas, sought to be exempt from Section 5 coverage through the "bailout" provision of the VRA, or, to have the reauthorized Section 5 declared unconstitutional.
The Texas State Conference of the NAACP and Austin NAACP intervened in the case as defendants. A three-judge panel dismissed the utility district's case. The MUD appealed directly thereafter to the U.S. Supreme Court. The case was argued on April 29, and a decision is expected sometime in June.
Anxiety and anticipation regarding this case was heightened by the Supreme Court's opinion, in Bartlett v. Strickland, which held that a requirement in a minority-vote dilution claim under Section 2 of the Voting Rights Act is that the "minority group" is sufficiently large and geographically compact to constitute a numerical majority in single-member districts. As a result, "minority voters" will not be protected under Section 2 in future redistrictings unless they can make up a majority of voters in a district.
Employment Discrimination
In the Ricci v. DeStefano case, the city of New Haven, Conn., declined to certify the results of a firefighter-promotion test based on evidence that the test was discriminatory. The city sought to explore less-discriminatory alternatives, in keeping with its obligations under Title VII of the Civil Rights Act of 1964.
Questions asked by the members of the Court showed a deep division between the conservative and liberal justices who contended this case was about voluntary non-discrimination efforts.
Afterward, Black firefighters nationwide rallied in Washington, D.C., against the injustices that could be wrought by an unfavorable decision.
Fair Lending
The court is also considering a fair-lending case, Cuomo v. The Clearing House Association. A brief supports the New York attorney general's continued efforts to enforce fair state-lending laws against national banks and asks the Supreme Court to reverse the Second Circuit Court of Appeals' ruling halting such enforcement.
This case questions if New York and other states should investigate racial and ethnic disparities in the mortgage rates charged by national banks, or if only the federal Office of the Comptroller of the Currency have that power.
The opinions expressed herein are those of Barbara R. Arnwine, executive director of the Lawyers' Committee for Civil Rights Under Law, and do not necessarily reflect the opinions of DiversityInc. Click here to visit the committee's web site.
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