Supreme Court Ruling Preserves Section 5 of Voting Rights Act 

Washington, D.C. – Today, the United States Supreme Court issued a decision in Northwest Austin Municipal Utility District Number One v. Holder that leaves in place Section 5, a central provision of the Voting Rights Act that requires a number of states and many local governments to seek federal permission before changing their voting procedures, to deal with the problem of ongoing voting discrimination in covered jurisdictions. Section 5 covers several jurisdictions where politically emerging Asian American populations are located, and was reauthorized by Congress for 25 years in 2006.

“In an 8-to-1 ruling, the Supreme Court recognizes Section 5’s critical importance in protecting the rights of minority voters from voting discrimination throughout our country,” said Karen K. Narasaki, president and executive director of the Asian American Justice Center. “During the reauthorization of the Voting Rights Act, Congress amassed a mountain of evidence that shows minority voters in the covered jurisdictions continue to face unconstitutional voting discrimination, demonstrating that Section 5 is still very much needed in our nation.”

The Court’s decision ensures that minority voters will continue to have the safeguards provided by Section 5. The Court ruled that all units of local government within covered jurisdictions can seek to “bail out” or exempt themselves from Section 5’s preclearance requirement. The Court did not rule on the question of Section 5’s constitutionality.

“The Court’s ruling today preserves the Voting Rights Act,” said Stewart Kwoh, president and executive director of the Asian Pacific American Legal Center. “With Section 5 in place these past decades, there has been some progress toward equality in our voting system. However, much work still needs to be done and this work cannot be accomplished without this necessary provision.”

Tuyet Le, executive director of the Asian American Institute, added, “The historic accomplishments of the Voting Rights Act are irrefutable. The Voting Rights Act is vital to our democracy and our nation, and this decision preserves the law.”

The Asian American Justice Center and its affiliates filed an amicus brief in the Supreme Court case, Northwest Austin Municipal Utility District Number One v. Holder.