Political Implications of the SCOTUS Decision on the Voting Rights Act

More than a week ago, the Supreme Court of the United States rendered a decision on a case that had implications for the Voting Rights Act (VRA). The Court ruled that the formula from Section 4 of the VRA was unconstitutional. The decision has certainly enraged liberals and the political left as is clear in Justice Ginsburg‘s dissent:

[T]he Court’s opinion can hardly be described as an exemplar of restrained and moderate decision making. Quite the opposite. Hubris is a fit word for today’s demolition of the VRA.

Because of this outrage, I’ve seen some people argue that this decision was good for liberals/democrats because it will ignite those potentially disenfranchised people to vote. From Ross Douthat:

Well, to begin with, voter identification laws do not belong to the same moral or legal universe as Jim Crow. Their public purpose, as a curb to fraud, is potentially legitimate rather than nakedly discriminatory, and their effects are relatively limited. As Roberts’s majority opinion noted, the voter registration gap between whites and blacks in George Wallace’s segregationist Alabama was 50 percentage points.

… But voter ID laws don’t take effect in a vacuum: as they’re debated, passed and contested in court, they shape voter preferences and influence voter enthusiasm in ways that might well outstrip their direct influence on turnout. They inspire registration drives and education efforts; they help activists fund-raise and organize; they raise the specter of past injustices; they reinforce a narrative that their architects are indifferent or hostile to minorities.

W.W. from The Economist finds Douthat’s analysis “quite plausible.” Both articles referenced the same information I talked about yesterday: the missing white voter.

I don’t know that I necessarily agree with this assessment.

In Wisconsin a couple of years ago, citizens were pretty excited about recalling Governor Scott Walker. Some folks were really upset by Gov. Walker’s actions on collective bargaining. Democrats, Gov. Walker is a Republican, thought that they could seize this opportunity to recall the Governor. There were over 1 million signatures to recall the Governor. It seemed like there was lots of momentum and people engaged in the recall. However, during the recall election of 2012, Gov. Walker won more of the vote than he did in the gubernatorial election of 2010.

There’s another example from this past election: The Affordable Care Act. Otherwise, known as “ObamaCare.” In March 2012, when the Supreme Court heard the arguments for the case, Karl Rove wrote in the Wall Street Journal:

This week’s historic Supreme Court hearings on President Obama’s health-care overhaul will have huge political ramifications.

Then, in June, when the decision was rendered, there was this from The Weekly Standard:

In the wake of the Supreme Court’s decision upholding the constitutionality of Obamacare, the principal choice now facing Americans on November 6 will be whether to keep Obamacare or to repeal it.

Republicans and conservatives thought that ObamaCare was going to give them the chance they needed to have a Republican elected President. It’s safe to say that it didn’t turn out the way they wanted. Not only did Republicans not elect a Republican President, but they also lost seats in the Senate (when they anticipated winning more seats).

Neither of these examples perfectly map onto the VRA decision, but it seems to me that there’s a bit of an overreaction in assuming that this decision is going to be a lightning rod for Democrats. I’d say that it’s “too early to tell” how this will affect the upcoming 2014 and 2016 elections. For now, the one of the only things that can be said about the political implications of the VRA: We’ll see…

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