Is Voting Rights Act Protection A Legal Entitlement The Supreme Court Must Overturn?


The images of vicious bombings that once littered the landscape of the civil rights movement in the 1950’s and 1960’s in America are now a distant memory. Cities like Birmingham, Alabama which were at the epicenter and caught the brunt force of the segregationist fury to deprive black voters of their voting rights have been replaced by a vast number of local and federal minority public officials throughout states and in congress. And of course we cannot forget the two times elected Barack Obama, as president!

So this week, Shelby County, Alabama made the case before the U.S. Supreme Court that the federal Voting Rights Act has seen its day and that Section Five should be overturned. Conservatives have long held that in states and localities like Shelby County where voting rights suppression no longer exists, it makes little legal or moral sense to continue to list a community as being engaged in racist voting practices where none exist.

In reality this case has much deeper significance for the other communities across the country which are also similarly weighted down with this federal mandate. The purpose of the bill is well intended and was needed in its day to protect the rights of minority voters who were systematically deprived of their constitutional right to vote. Now, according to Supreme Court Justice Antonin Scalia, without the presence of racism this law seems to favor racial entitlement, reports Fox News

Yet, in the 21st century, where those same states which bore the mark of racism in their practices regarding minority voting rights, no longer practice those tactics. So should they continue to be marred with the title and legal penalty?

That is essentially what Shelby County has presented in its legal arguments before the justices of the Supreme Court. It is an argument which can be cross-tied with the similar Affirmative Action inequality which has burdened America more recently with imbalanced racial favoritism where racism may no longer exist.

There are many detractors on the left and in civil rights communities who have made a living off of crying falsely crying racism. Their behavior can be likened to the famous fictional Chicken Little character, who claimed, “The sky is falling, the sky is falling!” Well if you remember the rest of the story, Chicken Little finally meets Foxey Loxey, who welcomes Chicken Little and Henny Penny into his den, and, “They never, never come out again.”

Well, this is what is happening to America with this law as well as with continued use of Affirmative Action application and enforcement. Much like Chicken Little, there are those liberal leaders like Al Sharpton and Rev. Jesse Jackson and President Obama and even the NAACP who insists the sky is still falling. Unfortunately they still continue to lead America into the fox den, where justice and equality under the law for all Americans will never emerge again.

A central question that the court must answer, is when does justice arrive for all Americans if institutional injustice does not exist any longer? If racism in voting practices no longer exists, then what is being monitored?

Some civil rights officials on the left have attempted to use poverty, lack of jobs and even illegal immigration attitudes as an indication of why voting rights for minorities must continue to be monitored. This is a red herring that has no legal connection to the purpose and intent of Section Five of the Voting Rights Act.

Black Conservatives rally against Section 5 reverse discriminatory Voting Rights Act current use

Black Conservatives rally against Section 5 reverse discriminatory Voting Rights Act current use

The case in Shelby County, Alabama does bear witness to the fact that voting injustice, once wide ranging, is no longer present. Therefore, this law must not continue to be used as a hammer to pound local officials into submission for legal infractions that no longer exist. Is it truly a racial entitlement to voting protection that is now punitively used against cities, counties and states?

If Shelby County and other communities across the nation have moved beyond any measurable discriminatory practices against minority voters then, the U.S. Justice Department has no alternative but to remove them from the list. The U.S. Supreme Court must instruct the justice department to do so.

In conclusion, the U.S. Supreme Court must move with all deliberate speed to put an end to this continued imbalance of equal justice for all Americans. Equal justice under the law does not mean more justice for some and less for others. The court must remove this law as a useful tool for liberals who seek office and want to drum up the ghosts of past injustices long buried.

Racism in America is not the issue of the 21st century. A united country where race is color neutral and justice and equality does not play favorites is what the bottom line must be for the nation.

There is no place for reverse racism in America. This is the conclusion that the U.S. Supreme Court must arrive at in reaching a decision to overturn the irrelevant section of the law.

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About Kevin Fobbs
Kevin Fobbs is the former community concerns columnist for 12 years with The Detroit News, covering community, family relations, domestic abuse, education, government relations, education, and dispute resolution. He was government and civic affairs director for Soul Source, a Christian news magazine, and host of The Kevin Fobbs Show. His faith-based Hearken The Watchmen column provides insight and answers on family, faith, and how to arrive at faith-based solutions to life challenges. You may contact Kevin with your comments and questions.
  • gnafuasusual

    It's too bad that voting for a president has turned into a three ring circus! Don't suppose it's planned that way, do you?

    • http://www.facebook.com/pat.pettie.9 Pat Pettie

      When you put the clown in charge don't be surprised when a circus breaks out.

  • William Wallace

    It is things like this that get turned on its head and is being used as a hammer against institutions which have moved on. The only people that haven't moved on past this are the professional race baiters who make a living crying racism in everything. Heck, those hucksters would cry racism if they don't see black jelly beans in a bag of jelly bellies.

  • 1PierreMontagne1

    How is it that with everything we think we are protected by in the Constitution...

    We must continually defend those rights in court (if we have the money) when government makes a law, or regulates to depriving us of those rights?

    Why is it there seemingly no way to protect Americans from such laws being made in the first place?

    Something is very wrong that a "Voters rights act" had to made to begin with and that the Act though claiming to protect rights actually changed rights in different states.
    Should not blocking or interfering with Voter rights simply result in a Governor facing imprisonment if he signs it into Law or allows such rights to be deprived from citizens?

    Has anyone put together a list of rights we may think we have that are not listed in the Constitution? It is probably way over due.

    If you want to see that list of things you do not have a right to, and are limited from and even to be denied and that you will comply with and have no freedom under. Just read the Affordable Health Act and you will find out that it says what the Constitution never intended or thought would be made to happen in a Free Nation.

  • ggrdr05

    If you don't have voter ID you don't vote, but then the demons will loose if they can't cheat!!

  • cae973

    Yes this law should be oveturned as it is not needed as shown by the huge minority turnouts for obama. Today the law is used by the justice dept solely to prevent states from purging their voter lists of dead people and to prevent states the democrats need to win elections from passing voter picture id laws. Picture id would prevent alot of voter fraud and voter fraud is more troubling and rampant today then voter suppression is!

    • Steven

      NO, it should NOT be overturned because it is not necessary. It should be overturned because it is, and always has been, unconstitutional. The Constitution does not authorize the courts to decide what laws are necessary or not necessary.

  • Raymond

    I love Christmas lights! They remind me of.....
    "the people who voted for Obama......."

    They all hang together; half of them don't work,
    and the ones that do, aren't all that bright!

  • Raymond

    A FLORIDA COURT SETS ATHEIST HOLY DAY

    In Florida, an atheist created a case against Easter and Passover Holy days. He hired an attorney to bring a discrimination case against Christians and Jews and observances of their holy days. The argument was that it was unfair that atheists had no such recognized days.

    The case was brought before a judge. After listening to the passionate presentation by the lawyer, the judge banged his gavel declaring, "Case dismissed!" The lawyer immediately stood and objecting to the ruling saying, "Your honor, How can you possibly dismiss this case? The Christians have Christmas, Easter and others.
    The Jews have Passover, Yom Kippur and Hanukkah, yet my client and all other atheists have no such holidays..."

    The judge leaned forward in his chair saying, "But you do. Your client, counselor, is woefully ignorant."

    The lawyer said," Your Honor, we are unaware of any special observance or holiday for atheists."

    The judge said, "The calendar says April 1st is April Fool’s Day. Psalm 14:1 states, 'The fool says in his heart, there is no God.' Thus, it is the opinion of this court, that, if your client says there is no God, then he is a fool. Therefore, April 1st is his day.

    Court is adjourned..." You gotta love a Judge that knows his scripture!

    • Steven

      Too bad this never actually happened.

  • Raymond

    Five surgeons from big cities are discussing who makes the Best
    patients to operate on.

    The first surgeon, from New York , says, 'I like to see accountants
    on my operating table because when you open them up, everything
    inside is numbered.'

    The second, from Chicago , responds, 'Yeah, but you should try
    electricians! Everything inside them is color coded.'

    The third surgeon, from Dallas , says, 'No, I really think librarians
    are the best, everything inside them is in alphabetical order.'

    The fourth surgeon, from Los Angeles chimes in: 'You know, I like
    construction workers...Those guys always understand when you have
    a few materials left over.'

    But the fifth surgeon, from Washington , DC shut them all up when
    he observed: 'You're all wrong. Politicians are the easiest to operate on.
    There's no guts, no heart, no testicles, no brains, and no spine..
    Plus, the head and the butt are interchangeable.'

  • rjwmsiii

    Why has no one speken about discriminatory practices against our military serving overseas when the forms are sent late and/or lost in transit. Remember, these are our military that are putting their lives on the line for our country.