The Supreme Court announced today it will hear arguments in Northwest Austin Municipal Utility District No. One v. Mukasey, a key test of the Voting Rights Act that instantly becomes one of the top cases of the current term.
We previewed the case, already nicknamed "Namudno" for the acronym of the jurisdiction involved, in this week's Conference Call column. The dispute goes to the core constitutionality of Section 5 of the Voting Rights Act. Its provisions require certain jurisdictions, most in the South, to obtain "preclearance" from the Justice Department before they make changes in their election laws, to determine if the changes would affect the voting rights of minorities.
Even though Congress renewed the Voting Rights Act in 2006, critics say the preclearance requirement, which many jurisdictions view as an affront, is no longer necessary at a time when the American public has just elected an African-American as president. The debate echoes the controversy over affirmative action programs, which critics also say are no longer needed.
The case has gotten an unusual amount of attention before being granted, as indicated by this op-ed column today from former New York Times correspondent Linda Greenhouse. At the Election Law Blog Rick Hasen surveys the range of commentary on the case.
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