48 Years Later, Conservatives Are Making The Same Arguments Against The Voting Rights Act

Blog ››› ››› ARI RABIN-HAVT

Earlier this summer, the Supreme Court struck down a key provision of the Voting Rights Act that helped force states and localities with a history of discrimination to have the Justice Department preclear proposed changes to voting regulations. Representative John Lewis (D-GA), a civil rights icon, described the decision as "a dagger in the heart of the Voting Rights Act of 1965."

Voting Rights Act SignedToday marks the 48th anniversary of President Lyndon Johnson signing that act into law.

Conservatives are apt to defend gutting the law by arguing that our country has made significant strides in racial equality over the past 48 years. That being the case, one would hope that segregationists' arguments against the Voting Rights Act of 1965 would have been relegated to the dust bin of history, rather than in use by conservatives today to defend discriminatory policies.  

Unfortunately, much of the rhetoric used to attack the law and defend the Supreme Court's decision remains rooted in the segregationist defenses of Jim Crow. Regardless of the motives, the use of similar rhetoric shows a lack of historic perspective.

Keith Finley, a professor of history at Southern Louisiana University and author of Delaying the Dream: Southern Senators and the Fight Against Civil Right, has detailed many of the arguments made by Senators from the old South as they fought the Voting Rights Act of 1965 on the floor of the chamber.

Sen. Henry ByrdOne such tactic was to accuse civil rights activists of aggravating racial tensions. According to Finley, Virginia Senator Henry Byrd, an opponent of the 1965 Voting Rights Act, claimed Lyndon Johnson would only increase racial tensions by "inflaming so-called civil rights issues" if he pursued the legislation.

Forty-eight years later, that defense remains a go-to of civil rights antagonists.

Two weeks ago, Fox host Bill O'Reilly told his the audience that civil rights leaders want "to divide the country along racial lines because that's good for business." While O'Reilly was specifically referring to reaction to the George Zimmerman verdict among civil rights leaders, similar sentiment has been expressed throughout the right in defense of the court's decision to gut the Voting Rights Act.

When Attorney General Eric Holder announced that the Justice Department would use available tools to continue enforcing the Voting Rights Act, Fox's Eric Bolling accused the nation's first black attorney general of "thumbing his nose at the Supreme Court so he can widen the race divide in America." Nina Easton, a Fortune columnist, said on Fox's Special Report that Holder's move was part of an "ongoing electoral strategy by this administration to gin up the black and Latino vote."

Sen. EllenderThe fight to defeat the Voting Rights Act in 1965 also hinged on pivoting away from the central issue of voting rights to the canard of defending the process. According to Finley, Louisiana Senator Allen Ellender claimed race had nothing to do with his opposition to the Voting Rights Act. Instead, Ellender argued that he was simply maintaining the integrity of the electoral process: "the task of making it clear that one is not against voting rights, but only in favor of maintaining voting qualifications, is not always an easy one."

The same tactic is alive and well nearly five decades later and is made frequently by those advocating for strict voter ID laws, which experts say will disenfranchise minority voters.

When Mother Jones' David Corn published the internal deliberations of Groundswell, a right-wing listserve, one of the debates he highlighted centered on the issue of voter ID laws:

A high-priority cause for Groundswellers is voter identification efforts--what progressives would call voter suppression--and when Groundswellers developed a thread on their Google group page exploring the best way to pitch the right's voter identification endeavors as a major voting rights case was pending in the Supreme Court, the coalition's friendly journalists joined right in. Dan Bongino, the ex-Secret Service agent and 2012 Senate candidate, kicked off the discussion: "We need to reframe this. This narrative of the Left has already taken hold in MD. The words 'Voter ID' are already lost & equated with racism. Maybe a 'free and fair elections initiative' with a heavy emphasis on avoiding ANY voter disenfranchisement combined with an identification requirement which includes a broader range of documents."

In response, Tapscott suggested, "How about 'Election Integrity'?" And Gaffney weighed in: "I like it." Fitton noted that Judicial Watch had an "Election Integrity Project." Boyle proposed, "Fair and equal elections," explaining, "Terms 'fair' and 'equal' connect with most people. It's why the left uses them." Then came True the Vote's Anita MonCrief: "We do a lot under the Election Integrity Banner. Does not resonate with the people. Voter Rights may be better. We really have been trying to get the messaging right."   

Hans von Spakovsky, a fellow at the Heritage Foundation and leader in the conservative movement's war on voting, wrote in USA Today that voter ID laws were "to ensure the integrity of our election process."

Rush Limbaugh told his audience that Democrats only oppose voter ID laws "because that would have a very negative impact on cheating."

Sen. TalmadgeFinley points to Herman Talmadge, a Senator from Georgia, who claimed the 1965 Voting Right Act was unnecessary because the "[right to vote] is probably the most protected right we have." Echoes of Talmadge could be heard in the aftermath of the Supreme Court's decision this summer. The Wall Street Journal argued the Voting Right Act was "no longer necessary" due to "American racial progress."

Speaking about the Supreme Court's decision on Fox, network contributor Andrew Napolitano cheered the court's ruling, claiming the section stuck down "worked so well" that "the procedure is not necessary anymore."

Von Spakovsky claimed in 2011 there was "a complete lack of evidence that the type of systematic discrimination that led to [the 1965 Voting Rights Act's] initial passage still exists."

This 48th anniversary of the Voting Rights Act provides conservative media figures an opportunity to revisit the historical context of the language they use to confront issues of races, and begin to engage in a real conversation.

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