Since the 1960s, any redistricting or voting practices in states that had a history of racial segregation has had to be precleared by a panel of federal judges. This includes Texas.
This practice has been challenged, and was argued yesterday before the Supreme Court. It provides another opportunity for the Supreme Court, which has suddenly become the bastion of conservatism at the federal level, to make a significant shift in public policy.
The question for the court seems to be, given recent successes of black candidates for office, whether the law is still necessary. Institutional racism may be a thing of the past. But perhaps electoral success is a sign that the law is working, and if overturned prematurely, current successes might be rolled back.
Given that the law was reauthorized very recently by a large margin in Congress, this also raises questions about whether the judiciary should defer to Congress in this manner, or actively overturn its laws.
The case is Northwest Austin Municipal Utility District No. 1 v. Holder.
Listen to the oral argument here.
