Civil and Human Rights

The Roberts Court v. the Constitution: Column

The Supreme Court’s decision in “Shelby County v. Holder” abandons constitutional protection of the right to vote.

 

The most basic requirement of any Supreme Court decision involving the application of the Constitution is to explain how the Constitution’s text and meaning command the result the Court reaches. By that standard, today’s 5-4 opinion in Shelby County v. Holder is a colossal failure. In the majority opinion by Chief Justice Roberts, the Court struck down a core provision of the Voting Rights Act – a statute that has ensured protection of the right to vote for millions of Americans – without ever explaining what provision of the Constitution rendered this iconic, landmark statute unconstitutional.

 

Not only that, but Chief Justice Roberts also studiously avoided the part of the Constitution most directly applicable. The Roberts opinion flouted the text and history of the Fifteenth Amendment, which expressly give to Congress broad powers to prevent and deter all forms of racial discrimination in voting.

 

As Justice Ruth Bader Ginsburg demonstrated in a brilliant dissent, the Fifteenth Amendment had a “transformative effect,” giving to Congress sweeping new powers to “shield the right to vote from racial discrimination.” The Fifteenth Amendment, she explained, was one of three Civil War Amendments that “arm Congress with the power and authority to protect all persons within the Nation from violations of their rights by the States.” Under the Fifteenth Amendment, Congress has the power to enact prophylactic laws, such as the Voting Rights Act, to protect the right to vote against state-sponsored racial discrimination. Justice Ginsburg gave a command performance, showing how the majority’s reasoning cannot be squared with the Constitution’s text, history, and meaning. Chief Justice Roberts had no real answer.

 

Conservatives like to make fun of decisions that abandon the Constitution in favor of penumbras and emanations, but that is all Chief Justice Roberts offered in today’s ruling. He argued that the Voting Rights Act is inconsistent with the “letter and spirit of the Constitution,” but his opinion is all spirit.

 

He placed heavy reliance on principles of state sovereignty, forgetting that the American people added the Fifteenth Amendment to make sure that Congress could act to prevent racial discrimination in voting by the states and ensure that the right to vote was a reality for all Americans regardless of race. At its most fundamental level, Shelby County is an abandonment of the Constitution’s protection of the right to vote, one of our most cherished rights.

 

David Gans is director of the Human Rights, Civil Rights and Citizenship Program at the Constitutional Accountability Center.

More from Civil and Human Rights

Civil and Human Rights
June 28, 2024

RELEASE: Ignoring constitutional history and original meaning, conservative majority allows city governments to punish people for sleeping in public even if they have nowhere else to go

WASHINGTON, DC – Following today’s decision at the Supreme Court in City of Grants Pass...
By: Brian R. Frazelle
Civil and Human Rights
June 20, 2024

RELEASE: Supreme Court decision keeps the door open to accountability for police officers who make false charges

WASHINGTON, DC – Following this morning’s decision at the Supreme Court in Chiaverini v. City...
By: Brian R. Frazelle
Civil and Human Rights
June 11, 2024

The People Who Dismantled Affirmative Action Have a New Strategy to Crush Racial Justice

Slate
Last summer, in Students for Fair Admissions v. Harvard College, the Supreme Court’s conservative supermajority struck...
By: David H. Gans
Civil and Human Rights
April 12, 2024

TV (Gray TV): CAC’s Frazelle Joins Gray TV to Discuss Fourth Amendment Case at Supreme Court

Gray TV Washington News Bureau
Civil and Human Rights
April 22, 2024

RELEASE: Justices grapple with line-drawing but resist overturning important precedent in Eighth Amendment homelessness case

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in City of...
By: Brian R. Frazelle
Civil and Human Rights
April 19, 2024

Will the Supreme Court Uphold the 14th Amendment and Block an Oregon Law Criminalizing Homelessness?

Nearly 38 million Americans live in poverty. In some areas and among some populations, entrenched economic...
By: David H. Gans