NYT Editorial Relies on Morgan Kousser Voting Rights Data to Criticize #SCOTUS

Editorial:

The chief justice’s destructive cure for this was to throw out the formulaCongress devised in 1965 that required all or parts of 16 states with long histories of overt racial discrimination in voting, most in the South, to get approval from the federal government for any proposed change to their voting laws. This process, known as preclearance, stopped hundreds of discriminatory new laws from taking effect, and deterred lawmakers from introducing countless more.

But Chief Justice Roberts, writing for a 5-4 majority, invalidated the formula because “today’s statistics tell an entirely different story.”

Well, do they? A comprehensive new study by a historian of the Voting Rights Act provides a fresh trove of empirical evidence to refute that assertion. The study by J. Morgan Kousser, a professor of history and social science at the California Institute of Technology, examines more than 4,100 voting-rights cases, Justice Department inquiries, settlements and changes to laws in response to the threat of lawsuits around the country where the final result favored minority voters.

It found that from 1957 until 2013, more than 90 percent of these legal “events” occurred in jurisdictions that were required to preclear their voting changes. The study also provides evidence that the number of successful voting-rights suits has gone down in recent years, not because there is less discrimination, but because several Supreme Court decisions have made them harder to win.

 

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