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Wednesday, July 10, 2013

Response to Billy Corriher at Center for American Progress

On July 9, 2013 Billy Corriher from the Center for American Progress wrote a piece about Justice Clarence Thomas and his decision in the Shelby County v Holder case. The Shelby case was in regards to the 1965 Voter Rights Act and if it still applied to today. Under this act, southern states were required to get approval from the Department of Justice if they wanted to make any changes that would affect voting in those states[1].

In Mr. Corriher's article, he starts off by comparing Justice Thomas to Justice Marshall, the only African-American's to serve on the high court. The article starts out rather plainly and goes on to define the different philosophies of the judges. Thomas is considered an 'originalist' while Marshall believes the Constitution to be a 'living document.[2]' Marshall once said of his judicial philosophy "you do what you think is right and let the law catch up.[3]" There is a sort of problem with this statement given the job of a Supreme Court justice isn't to dictate the direction of the law, but to interpret it within the confines of the Constitution.

The court decided it was no longer necessary to keep key provisions of the 1965 Voting Rights Act given the changes in America in regards to race. Also, given the context in which the Act was passed, it is no longer relevant to American society. The Act was passed during a time when racism was rampant across America and the Jim Crow laws were just being challenged. Protests for racial equality were occurring across the US, not exactly something are seeing now. Also, the justices ruled that there is to be 'equal sovereignty' between states. Corriher seems to think this concept is false, or disagrees in some way. I'm not exactly how the government can treat states differently in regards to voting laws while at the same time treat all voters the same. This 'equal sovereignty' seems only logical.

Corriher then goes on to claim that "Justice Thomas and the other conservative justices seem to believe that racism in voting is over, or at least that Southern states have made enough progress that the preapproval process is no longer justified." This is clearly a shot at the justices and there are no statistics cited here to prove if there is still in fact significant racial disparity in voting records. It is also crazy to believe that the justices think racism in its entirety has disappeared. But just because elements of racism exist in society, does that mean policy is to be crafted for what may well be a slim minority? According Ilya Shapiro at the Cato Institute, the court overturned the Act "[b]ased on 40-year-old data showing racial disparities in voting that no longer exist.[4]" So yes, southern states have made enough progress to have the preapproval process removed.

Even though data seems to side with the justices, Corriher then goes on to equate voting law changes as discriminatory, such as voter identification, penalizing college students for voting at school and not at home, and ending early voting[5]. It seems that any sort of restriction at all is discriminatory. After the election all we hear in the news is how many people voted more than once, or forged a name so they could vote numerous times.. The reason for these added restrictions doesn't appear to be for the sole purpose of preventing a minority class from voting, but to try and reduce fraud.

In another shot against Thomas, Corriher goes on to say that the justice would also like to see preferential college admissions towards minorities overturned. While to his progressive worldview this may sound insane. But to someone who hold an 'originalist' interpretation of the Constitution and believes in equal opportunity, this isn't a foreign desire.

Corriher goes on to end his article by saying that Justice Thomas is undoing everything that Justice Marshall did to make our society more equal. This again is another cheap shot at Thomas. If nothing at all had changed between 1965 and now this may be a valid argument, but things have changed. The court has recognized that. Data shows racial disparity in voting has disappeared, and in order to ensure a 'free society' how can you punish one state but not another? The Voting Rights Act in today's America no longer levels the playing field, it only makes people less equal. It's a good thing that Thomas is doing everything he can to ensure equality for all, even if it means undoing some of Justice Marshall's work.

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