Swing Voter Kennedy Appears Hostile to Preclearance Distinctions
Justice Anthony M. Kennedy, often a swing voter in voting rights cases, asked 17 questions yesterday as the U.S. Supreme Court considered a provision requiring some jurisdictions to get voting changes approved in advance.
Kennedy’s questions were “almost consistently hostile” to Congress’ approach in renewing the Voting Rights Act in 2006, according to the New York Times. Section 5 of the act requires federal permission before making changes in voting procedures for the covered jurisdictions, mostly in the South.
“Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio,” Kennedy said. “The sovereignty of Alabama is less than the sovereign dignity of Michigan. And the governments in one are to be trusted less than the governments in the other.”
The small utility district challenging the law claims it is entitled to an exemption. A bigger issue in the case is whether society has changed so much that once-constitutional racial remedies are now improper infringements on state sovereignty.
Kennedy could vote to strike down the preclearance requirement, or he could support a less sweeping decision, perhaps loosening the requirements on how covered jurisdictions may be exempted from the law, the Washington Post reports.
The case is Northwest Austin Municipal Utility District Number One v. Holder. The National Law Journal also covered the arguments.
