A key piece of congressional Democrats' voting rights push faces tough odds of becoming law. If Democrats manage to put a version of the John Lewis bill on President Biden's desk, what happens in the court could be just as treacherous.
A key piece of congressional Democrats' voting rights push faces not only a near-impossible odds of becoming law, but also a daunting court battle in front of a conservative judiciary if it does.
The legislation, known as the"John Lewis Voting Rights Advancement Act," is now a focus of the House and is expected to be part of the voting rights package negotiated in the Senate to win over West Virginia Democratic Sen. Joe Manchin's support. The bill would restore a provision of the Voting Rights Act meant to address racial discrimination that was gutted by the Supreme Court in 2013.
The legislation seeks to revive the VRA's so-called preclearance process, under which certain changes to voting rules had to get the approval of either the Justice Department or a federal court. The interest in restoring it has only increased as former President Donald Trump's lies about mass election fraud have ushered in a new wave of state voter restrictions.
"Whichever way congress would go in trying to amend the Voting Rights Act and reestablish some form of preclearance, it's going to have a Supreme Court where at least some members are going to be extremely skeptical of congressional power in this area," said Rick Hasen, law professor at University of California, Irvine.
So, for their current attempt to fix the VRA, Democrats have collected thousands of pages of testimony and documents -- summed up in a 128-page report released last week by the House Administration Subcommittee on Elections -- that they say shows current racial voting discrimination that justifies the revival of preclearance.
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