The Voting Rights Act of 1965 is one of the most important laws in American history. It was created to end racial discrimination in voting and ensure that every citizen, no matter their skin color, has an equal say in elections. Born out of the civil rights movement, this law reshaped democracy across the South and gave Black Americans access to the ballot box for the first time in generations.
But even though it once stood as a strong shield for voting rights, the Supreme Court has gradually weakened it over the years. Now, the law is back in the headlines as the nation’s top court takes another look at how far its protections should go.
Why Was the Voting Rights Act Created?
In the early 1960s, many states in the South were still blocking Black citizens from voting. Local officials used tools like literacy tests, poll taxes, and other unfair rules to keep them out of elections, even though the 15th Amendment guaranteed their right to vote.
The turning point came in March 1965, when peaceful protesters in Alabama marched for voting rights. On the Edmund Pettus Bridge in Selma, they were brutally attacked by state police, a moment that was broadcast nationwide and shocked the world.
President Lyndon B. Johnson quickly called for national action, pushing Congress to pass a new law that would stop these injustices once and for all.
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What Is the Voting Rights Act?
Signed into law on August 6, 1965, the Voting Rights Act (VRA) became the strongest weapon against voter suppression in U.S. history. It made sure that states could no longer use discriminatory practices to keep people from voting.
The law was designed to enforce the 15th Amendment, which says that no citizen can be denied the right to vote based on race. It gave the federal government the power to step in when states tried to block people from voting. Because of this, voter registration among Black Americans rose dramatically, and more minorities began winning public office across the country.
What Made the Law So Powerful?
The VRA worked because it had two strong tools for enforcement:
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Section 5 (Preclearance): States or counties with a history of discrimination had to get approval, called “preclearance,” from the Department of Justice or a federal court before changing any voting laws. This made it hard for them to quietly create rules that hurt minority voters.
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Section 2: This section allowed people and the Justice Department to sue if they believed a voting law was discriminatory.
These measures closed the gap between white and Black voter registration rates and helped create a more equal democracy. Because of its success, Congress renewed the law several times with strong bipartisan support, the last time in 2006.
How Has the Supreme Court Changed the Law?
In recent years, the Supreme Court has limited the Voting Rights Act’s power through a series of rulings.
The biggest blow came in 2013 with Shelby County v. Holder. The Court struck down the formula that decided which states needed preclearance under Section 5. That meant states with a record of discrimination could change their voting laws without federal approval.
Soon after, several states passed voter ID laws, reduced early voting, or changed polling location rules that made it harder for many minority voters to cast their ballots.
Then, in 2021, the Brnovich v. Democratic National Committee decision made it tougher to prove that voting laws were discriminatory. This further weakened the law’s protections and made lawsuits under Section 2 more difficult and expensive.
Why Is the Supreme Court Reviewing It Again?
The Supreme Court is once again reviewing parts of the Voting Rights Act because of ongoing debates about how much power the federal government should have over state elections. While the Court declined to weaken the law further in a 2023 case (Allen v. Milligan), its current stance still leans against strong federal oversight.
Civil rights groups and lawmakers argue that Congress needs to update and strengthen the law so that every American, no matter where they live, has equal access to the ballot box.
Conclusion
Even after decades, the Voting Rights Act remains a symbol of progress and equality. But it’s also a reminder that democracy is fragile and needs constant protection.
Supporters are urging Congress to restore the law’s full power to prevent discrimination before elections happen, not after the damage is done. As voting rights continue to face new challenges, the fight that began on the streets of Selma still carries on in courtrooms today.
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