Last month, the Supreme Court struck down a portion of the Voting Rights Act that required states with a history of discrimination to get pre-clearance from the Justice Department before changing election laws.
Now Attorney General Eric Holder says Texas should still be required to get pre-clearance because of ongoing racial discrimination.
Texas voting maps are tied up in a legal battle over whether the legislature gerrymandered the maps and disenfranchised Hispanic voters.
University of Houston Law Professor Peter Linzer says Holder’s comments may signal the start of a complicated legal maneuver in that case.
“The Justice Department going in and saying we want this stayed because it discriminates, then making out a case to show it. And they don’t have to win the case, they have to make out a preliminary case enough to get the district court to freeze everything.”
Linzer says the burden of proof is on the Justice Department if it gets involved in that litigation.
Holder does have authority to require pre-clearance in cases where intentional discrimination is found.
The question is whether he can use that authority to require the entire state to submit to pre-clearance for every new election law.
Governor Rick Perry issued a statement saying, in part, that this casts unfair aspersions on Texas’ efforts to preserve the integrity of the election process.