The concept of a post-racial America has been floating around since approximately the time of the election of President Barack Obama in 2008. In my previous posts, I have already disputed how this notion of a post-racial America has yet to manifest itself fully and what we are lacking if we are genuinely a “post-racial” nation.
While researching concepts that are related to the fanciful idea of a post-racial America, I stumbled across a court case, that was new to me.
The 2013 Supreme Court case Shelby County v. Holder one of the very few court cases that the idea of America being post-racial has played a role in the decision. The court had overturned section 5 of the Voting Rights Act of 1965 that had required nine states (Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia) all which have had severe histories of racial discrimination, to get federal approval to change any aspect of their election laws.
The Voting Rights Act of 1965, was a law passed during the Civil Rights movement that was aimed at overcoming legal barriers at both the state and local levels that prevented blacks from exercising their right to vote which is guaranteed under the 15th Amendment.
The section in question was determined to unconstitutional. Chief Justice John G. Roberts, Jr. delivered the opinion of the 5-4 majority, and the Supreme court said that section imposed burdens that no longer reflect the conditions in the states. Roberts wrote for the majority “Our country has changed, While any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.”
Justice Clarence Thomas in his concurring opinion argued that the Section of the Voting Rights Act is unconstitutional. He wrote that “the blatant discrimination against certain voters that Section 5 was intended to prohibit is no longer evident. Without such extraordinary circumstances, Congress cannot constitutionally justify placing the burden of Section 5 on the states in question.” President Obama said that he was “deeply disappointed” with the decision.
Texas announced shortly after the decision that a voter identification law that had been blocked would go into effect immediately, and that redistricting maps there would no longer need federal approval.
The decision is similar to the colorblindness debate. It’s no question that we have come a long way in regards to civil liberties, but we still have a ways to go to be a post-racial America. Overturning legislation such as Section 5 of however opens up the possibility of states passing oppressive legislation measures that may implicitly affect minorities. My personal belief is that the overturning of Section 5 was too soon. There are still many people, including lawmakers who are unfortunately stuck in old ways. Until we are sure that race is no longer a factor, we shouldn’t allow people who never had their race put them at a disadvantage remove protections from those who still are affected by race.