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High court weighs Voting Rights Act, awaiting end to advance approval requirement

By Mark Sherman and Jay Reeves

Associated Press

Published: Sunday, Oct. 28 2012 9:14 p.m. MDT

FILE - In this Aug. 6, 1965, photo, President Lyndon Baines Johnson signs the Voting Rights Act of 1965 in a ceremony in the President's Room near the Senate Chambers on Capitol Hill in Washington. Three years ago, the Supreme Court warned there could be constitutional problems with a landmark civil rights law that has opened voting booths to millions of African-Americans. Now, opponents of a key part of the Voting Rights Act are asking the high court to finish that provision off. Surrounding the president from left directly above his right hand, Vice President Hubert Humphrey; House Speaker John McCormack; Rep. Emanuel Celler, D-N.Y.; first daughter Luci Johnson; and Sen. Everett Dirksen, R-Ill. Behind Humphrey is House Majority Leader Carl Albert of Oklahoma; and behind Celler is Sen. Carl Hayden, D-Ariz. (AP Photo)

Associated Press

WASHINGTON — Three years ago, the Supreme Court warned there could be constitutional problems with a landmark civil rights law that has opened voting booths to millions of African-Americans. Now, opponents of a key part of the Voting Rights Act are asking the high court to finish off that provision.

The basic question is whether state and local governments that once boasted of their racial discrimination still can be forced in the 21st century to get federal permission before making changes in the way they hold elections.

Some of the governments covered — most of them are in the South — argue they have turned away from racial discrimination over the years. But Congress and lower courts that have looked at recent challenges to the law concluded that a history of discrimination and more recent efforts to harm minority voters justify continuing federal oversight.

The Supreme Court could say as early as Monday whether it will consider ending the Voting Rights Act's advance approval requirement that has been held up as a crown jewel of the civil rights era.

The justices sidestepped this very issue in a case from Texas in 2009. In an opinion joined by eight justices, Chief Justice John Roberts wrote then that the issue of advance approval "is a difficult constitutional question we do not answer today."

Since then, Congress has not addressed potential problems identified by the court. Meanwhile, the law's opponents sensed its vulnerability and filed several new lawsuits.

The advance approval, or preclearance requirement, was adopted in the Voting Rights Act in 1965 to give federal officials a potent tool to defeat 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 occasion was in 2006, when a Republican-led Congress overwhelmingly approved and President George W. Bush signed a 25-year extension.

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