Race discrimination in election practices is hardly a thing of the past, and it is imperative that the U.S. Supreme Court uphold the constitutionality of Section 5 of the Voting Rights Act when it decides Shelby County, Alabama v. Holder, to be argued on February 27.
It always is tempting to declare that our society is post-racial and that racism is over. In 1883, less than two decades after the Civil War, the Supreme Court in the Civil Rights Cases declared unconstitutional the Civil Rights Act of 1875 and said that "[w]hen a man has emerged from slavery, and by the aid of beneficent legislation has shaken off the inseparable concomitants of that state, there must be some stage in the progress of his elevation when he takes the rank of a mere citizen and ceases to be the special favorite of the laws."
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