It’s particularly heavy baggage for Republicans. While Democrats and civil rights groups stand largely united behind the broadest interpretations of the Voting Rights Act, for Republicans it’s a trickier matter. On one hand, they are eager to reach out to minority voters. They eagerly tout their charismatic, high-profile minority officeholders like Sens. Tim Scott or South Carolina and Ted Cruz of Texas, Nikki Haley of South Carolina and Bobby Jindal of Louisiana. If Congressional Republicans seem unwilling to rebuild the Voting Rights Act should the court curtail it, they risk being seen as indifferent or even hostile to minorities. On the other hand, the party’s Tea Party wing is likely to revolt if the Republican House they elected tries to re-establish what many see as a federal overreach. Already, Cruz has offered an amendment to address the Supreme Court’s decision in an Arizona voting rights case earlier this week that struck down a proof-of-citizenship requirement.
If the court strikes down Section 5 but gives Congress room to recraft it then the matter could create a mess comparable to immigration reform, fracturing the GOP. We don’t know yet because Congressional Republicans haven’t weighed in on a pending case although many Democrats submitted amicus briefs on behalf of keeping the law just where it is, including Senate Majority Leader Harry Reid.
So here is the scenario:
- SCOUTS kills Section 5 of the Voter Rights Act with ONLY Republican appointed Justices finding it unconstitutional. (This will probably be done with dubious legal arguments).
- Democrats in Senate immediately file legislation to correct it forcing the Republican Senators to filibuster it.
- SCOTUS overturns DOMA on Federalist grounds. Increasing Republicans gay-bashing chorus.
If I was SUPER cynical I would say that I wish for SCOTUS to overturn Roe v Wade on the same Federalist grounds as they will use on DOMA but I am not a moster.
Then and only then will lazy, apathetic Democratic voters will see what happens when they sit on their asses and not vote in local and off-year National elections and only vote then when they have a “Hero” like Obama running. Elections are about choices, 2 yours and theirs and if you don’t go a vote for yours you get theirs!