| Abstract: | Since passage of the 1965 Voting Rights Act (VRA) and the subsequentregistration of millions of minority voters, racially basedvoting discrimination has shifted from a strategy of vote denialto one of vote dilution. The VRA, especially Section 2 and 5,is the dramatic congressional effort to eliminate strategiesthat deny effective political participation to millions of citizens.However, the VRA has to be aggressively implemented by the U.S.Department of Justice (DOJ), and it has to be broadly validated,in concrete cases and controversies in federal courts, if itis to blunt the vote discrimination/dilution strategy. Whilethe Warren Court saw Section 5 as a radical but legitimate toolto end the perpetuation of voting discrimination, the BurgerCourt has seen Section 5 in less sweeping terms. And while theCarter administration DOJ aggressively supported minority plaintiffsin federal voting rights litigation brought under Sections 2and 5, the Reagan administration has redirected civil rightspolicy, including the methodology of implementing Sections 2and 5 of the VRA. |
