Federal Court Upholds Constitutionality Of Section 5 of Voting Rights Act

September 21, 2011

WASHINGTON – A district court judge upheld Section 5 of the Voting Rights Act today by rejecting an Alabama county’s challenge of a federal requirement to monitor discriminatory voting laws.

“We are very pleased with the district court’s decision to uphold the Voting Rights Act,” said Nancy Abudu, senior staff attorney with the ACLU Voting Rights Project. “The court’s order shows that this important law is necessary and relevant today when it comes to protecting the voting rights of minorities.” 

Olivia Turner, executive director of the ACLU of Alabama, said: “Attempts in Alabama to suppress voting rights of racial minorities are not just a chapter in our troubled past. The court’s decision today makes clear that there is still a need to monitor voting laws and procedures to ensure equal access for minority voters.”

U.S. District Judge John Bates ruled against Shelby County in Alabama, which sued the U.S. Attorney General Eric Holder over the Voting Rights Act. The ACLU intervened on the defendants’ behalf in order to uphold the Voting Rights Act.

The Voting Rights Act of 1965 outlawed many discriminatory practices that kept minority voters away from the polls. In 2006, Congress extended the Voting Rights Act for another 25 years. Under Section 5 of the Voting Rights Act, states with a history of voter suppression – including Alabama – must get approval from a federal district court or the U.S. Department of Justice before making changes to their voting laws.