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Cebu_4_2
25th July 2013, 07:01 PM
Holder looking to require Texas to get federal approval before changing voting laws, citing a history of racism


http://redalertpolitics.com/files/2012/04/Eric-Holder-Testify-Fast-Furious-300x200.jpg (http://redalertpolitics.com/files/2012/04/Eric-Holder-Testify-Fast-Furious.jpg)

In response to the Supreme Court’s recent decision (http://redalertpolitics.com/2013/06/25/supreme-court-limits-key-part-of-voting-rights-act/) that states are innocent of institutional racism until proven guilty, Attorney General Eric Holder is arguing that Texas’ “history of pervasive voting-related discrimination against racial minorities” should make its voting laws subject to the Department of Justice’s oversight indefinitely.

While speaking before the National Urban League (http://nul.iamempowered.com) in Philadelphia on Thursday, Holder said his agency would ask a federal judge to require Texas to submit all its voting laws to the DOJ for review before they can be legally enacted because the state has a supposed history of discrimination and racism.

“And today I am announcing that the Justice Department will ask a federal court in Texas to subject the State of Texas to a pre-clearance regime similar to the one required by Section 5 of the Voting Rights Act,” Holder said at the organization’s annual conference.

The Attorney General cited “evidence of intentional racial discrimination” found following the case Texas v. Holder, (http://scholar.google.com/scholar_case?case=9537446302895586460&hl=en&as_sdt=2&as_vis=1&oi=scholarr)in addition to a ”history of pervasive voting-related discrimination against racial minorities.” He continued, saying the state would need to acquire “pre-approval” from either the Department of Justice or a federal court before implementing any future changes in voting laws.

In the case Shelby County v. Holder (http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf), the U.S. Supreme Court ruled that Section 4b of the Voting Rights Act, which defined a formula to single out states to undergo a pre-clearance for voting laws based on previous discriminatory practices — much like that alleged in the case Texas v. Holder — was unconstitutional. Without this provision, Section 5 of the Voting Rights Act — which Holder referenced in his remarks — becomes near impossible to implement until Congress outlines a new formula, which it has yet to do.

In Texas specifically, the Supreme Court’s ruling led several voting laws previously halted to take effect, including redistricting maps approved by the state legislature in 2011 but rejected by the DOJ.

And though Shelby pertained specifically to redistricting, Texas sought to enact previously stalled — through Texas v. Holder — voter ID laws, which Holder also plans to combat.

After the Supreme Court’s ruling, Texas Gov. Rick Perry and Attorney General Greg Abbott announced the law requiring all voters to show photo identification before filling out a ballot was in effect. However, per Holder’s remarks, he intends the state will still need pre-clearance before enforcing such a requirement.

But, the Attorney General is not met without resistance.
“We will not sit idly by and allow the most politically charged Department of Justice in US history to set aside the US constitution and attempt to bully the people of Texas,” True the Vote President Catherine Engelbrecht said in a statement. “We will meet Attorney General Holder in court and we will do whatever we need to do to advance the cause of voters’ rights for all Americans.”

The Department of Justice has quickly targeted the state, alleging Texas’ state officials are incapable of treating citizens equally under the law and acting without racist intentions.

“I’m disappointed that the Attorney General has chosen to blatantly disregard the Supreme Court’s recent ruling, our Constitution, and the basic principles of federalism,” Rep. Pete Sessions (R-Texas) said in an emailed statement to Red Alert Politics. “The Administration is once again deliberately attempting to push its political agenda by selectively targeting Texas. I believe the rule of law will prevail over politics and that the leaders of our great state will continue to preserve our fair election laws that represent the interests of all Texans.”
And fellow Texan Sen. Ted Cruz (R) concurred.

“Holder’s refusal to accept the judgment of the U.S. Supreme Court regarding pre-clearance continues the Department’s longstanding pattern of refusing to follow the law,” Cruz said in a statement (http://www.cruz.senate.gov/record.cfm?id=345416). “Likewise, Holder continues to attack voter ID laws, even though the Supreme Court has concluded that voter ID laws are supported by multiple interests that are ‘unquestionably relevant to the State’s interest in protecting the integrity and reliability of the electoral process.’”

With Texas Republicans winning a significant victory on a 20-week abortion ban (http://redalertpolitics.com/2013/07/18/perry-signs-strict-abortion-restrictions-into-law/) — a high profile defeat for progressives on a key issue— the Obama administration seems set on doing everything in its power to limit the GOP’s power in the influential state..

Today’s announcement is part of a string of events at which the Obama administration has pushed race relations back into the forefront of the political debate (http://redalertpolitics.com/2013/07/19/obama-speaks-on-trayvon-martin-verdict-says-martin-could-have-been-him-when-he-was-younger/)in the days following George Zimmerman’s acquittal in the Trayvon Martin trial.
And with the administration’s push for extensive government oversight, it is sure to be far from the last.

This piece has been updated to include new information.

By Melissa Quinn (http://redalertpolitics.com/author/mquinn/) /// July 25, 2013