Court’s Civil Rights Myopia

The U.S. Supreme Court majority has once again shown its myopia when it comes to civil rights protections. With its decision earlier this week, six justices--including the only black, Clarence Thomas--have come up with an interpretation of the Voting Rights Act of 1965 that severely narrows the protections of the law.

Consider what the court’s ruling endorsed: In Alabama, three black county commissioners were elected in two counties after at-large elections had been found to violate the Voting Rights Act. They were the first blacks elected to those posts since Reconstruction.

Before the election of the black commissioner in one county, each white commissioner had control over funds to maintain or build county roads in his or her district. Those duties represented significant political power and patronage. After his election, the four white incumbents transferred that authority to the group and imposed majority rule on new funding decisions.

In the second county, a corruption indictment prompted the transfer of authority for road maintenance to an appointed county engineer well before the election of two black commissioners. They argued that decision had been made on the basis of race.

The court ruled--in opposition to the Bush Administration--that local governments could reorganize, even in a manner that stripped authority from newly elected black officials, without the advance federal approval known as “preclearance.” The preclearance requirement applies to nine states, and parts of seven others, including California.

The court’s decision sends a dangerous signal to other elected officials who have no intention of sharing power with blacks or Latinos despite their gains in population. The incumbents apparently need only to change the political structure to maintain the status quo, despite any past history of discrimination.

Before the Voting Rights Act, fewer than 1,000 minority members held public office; now, there are more than 7,500 African-Americans and 4,000 Latino elected officials.

Just as Congress passed new legislation to remedy the court’s weakening of protections against job discrimination, it must strengthen the Voting Rights Act.