The Voting Rights Act was a monumental achievement of the modern struggle for racial equality in the United States. After legislators from both parties passed the law in 1965, sustained implementation was enabled by broad bipartisan support. Congress has renewed and strengthened the act several times, sometimes pushing into territory the Supreme Court was reluctant to sanction. The most recent reauthorization in 2006 was strongly supported by President George W. Bush, and by many Republicans as well as Democrats in Congress.
But the long stretch of broad support is at an end. During arguments in a 2009 case before the Supreme Court, both Chief Justice John Roberts and Justice Anthony Kennedy expressed concern that the act’s enforcement authority may have outlived its utility. Their skepticism was directed at Section 5, which authorizes the Department of Justice to block changes in election rules in states designated for special scrutiny because of their history of legalized racial discrimination. Since 2009, state Republican leaders have swelled the chorus of doubters.