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VRA Section 4 determines where it is applied and has been tossed by the Supreme Court but the Section 5, Preclearance, stands.  Now that Section 5 applies to the entire country, can't the DoJ enforce it across the board?


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Comment Preferences

  •  Tip Jar (0+ / 0-)

    Don't be fooled by appearances. In Hawaii, some of the most powerful people look like bums and stuntmen. --- Matt King

    by hobie1616 on Fri Jun 28, 2013 at 07:43:01 PM PDT

  •  No. (0+ / 0-)

    While Wikipedia shouldn't necessarily be considered the authoritative voice on any issue, this will help you see that Section 4 establishes what constitutes a "covered jurisdiction", to which the elements of Section 5 apply...

    ...if you no longer have a mechanism for identifying a "covered jurisdiction" - and if the SCOTUS has declared the current formula for determining such a thing to be old and wrinkled and yucky - then you don't have a Section 5 to enforce...

    "In a nation ruled by swine, all pigs are upward mobile..." - Dr. Hunter S. Thompson

    by Jack K on Fri Jun 28, 2013 at 08:01:13 PM PDT

  •  The real question is (0+ / 0-)

    Since SCOTUS threw out SAection 4 based on it being based on outdated data, does that mean that voter ID can be thrown out immediately since it's based on no data?

  •  hobie - Section 5 "Pre-Clearance" only applies (0+ / 0-)

    to cities, counties and states listed on the Section 4 map. To have the entire country subject to pre-clearance would take specific legislation from Congress. Until Congress develops a new Section 4 map nearly all entities are not subject to Section 5. However, every political entity in the US is subject to the Voting Rights Act.

    "let's talk about that"

    by VClib on Fri Jun 28, 2013 at 08:13:43 PM PDT

  •  New legislation by congress is needed to satisfy (0+ / 0-)

    the court that it covers the whole country for starters not just a few states.  We would never want the Southerners to think we thought they were unable to give proper rights to African Americans, Hispanics or people who vote Democrat even though that is how they act.

  •  Quick answer: (0+ / 0-)

    ยง5 applies in situations:

    Whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) are in effect...

    Because of SCOTUS, section 4(a)'s prohibitions are not in effect in any jurisdictions.

    "Speaking for myself only" - Armando

    by JR on Fri Jun 28, 2013 at 09:06:20 PM PDT

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