Wednesday, April 29, 2009

Congress' decision to extend a key provision of the Voting Rights Act for 25 years is at the core of a case being argued before the Supreme Court.

The justices are hearing the final arguments of their term Wednesday in a dispute from Texas. At issue is a requirement that all or parts of 16 states with a history of discrimination in voting get approval from the Justice Department before they implement even the smallest changes in the way elections are held.

The court also is expected to issue opinions in cases argued earlier in the term.

The voting rights law, enacted in 1965, has helped open government elections to millions of blacks and other minorities. Its main enforcement measure is a temporary one that calls for the federal government to sign off before election changes.

Congress has renewed the provision four times, most recently by an overwhelming vote in 2006, when both houses were controlled by Republicans. President George W. Bush signed it into law.

The Northwest Austin Municipal Utility District No. 1, the small Texas community challenging the provision, agrees that Southern states once richly deserved the federal intrusion into their election practices. But that day has passed, especially with the election of President Barack Obama, the district says.

The law is outmoded, relying on information dating back more than 40 years to determine what states and municipal governments are covered, the district says. The district's challenge is backed by a group that opposes racial classifications in employment, voting and education.

The Obama administration and civil rights groups argue that the law still is needed to prevent discriminatory election changes and that Congress amassed a lot of evidence in support of its position.

A federal court in Washington upheld the law, setting up the Supreme Court fight.

The case is Northwest Austin Municipal Utility District No. 1 v. Holder, 08-322.

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