Just last year, federal judges in Washington refused to sign off on two separate Texas plans to institute a tough photo identification law for voters and redistricting plans for the state's congressional delegation and Legislature. Also, South Carolina's plan to put in place its own voter ID law was delayed beyond the 2012 election and then allowed to take effect only after the state carved out an exception for some people who lack photo identification.
Opponents say those examples should not be enough to save the measure. Advance approval is strong medicine that has been upheld in the past as an emergency response to longstanding discrimination, lawyer Bert Rein said in his brief for Shelby County.
Congress overstepped its authority when it renewed the law and its formula that relied on 40-year-old data, without taking account of dramatic increases in the voter registration and participation by minorities, or of problems in places not covered by the law, Rein said.
The advance approval was adopted in the Voting Rights Act in 1965 to give federal officials a way to get ahead of persistent efforts to keep blacks from voting.
The provision was a huge success, and Congress periodically has renewed it over the years. The most recent time was in 2006, when a Republican-led Congress overwhelmingly approved and President George W. Bush signed a 25-year extension.
The requirement currently applies to the states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. It also covers certain counties in California, Florida, New York, North Carolina and South Dakota, and some local jurisdictions in Michigan and New Hampshire. Coverage has been triggered by past discrimination not only against blacks, but also against American Indians, Asian-Americans, Alaskan Natives and Hispanics.
Among the covered states, Alabama, Alaska, Arizona, Georgia, South Carolina, South Dakota and Texas are siding with Shelby County, while California, Mississippi, New York and North Carolina argue that the law should be upheld.