“Civil Right No. 1” Under Attack

An editorial in the Detroit Free Press on February 5, 2009 warns of the harm that may come if the Supreme Court rules against the “pre-clearance” provision of the Voting Rights Act. In April, the Supreme Court is to hear a case challenging the Section 5 pre-clearance provision, which requires “jurisdictions with checked voting rights histories” to get federal approval before making changes in their voting laws. In doing so, “the law relieves aggrieved voters from having to file a lawsuit to correct violations after the fact.”

Dr. Martin Luther King Jr. considered voting rights to be “‘Civil Right No. 1′ calling it ‘the foundation stone for political action’ and surest means to racial equality.” Aligned with that perspective, Section 5 was reauthorized by Congress in 2006, but now “Civil Right No. 1 is under scrutiny. “[B]y striking down the pre-clearance requirement… the Supreme Court might strike down a valuable protection that is still needed broadly… Such a decision would entail the court substituting its judgment for that of legislative bodies.”

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