Democrats on the Senate Judiciary Committee are pressing GOP leaders for a hearing to address their growing concerns over the erosion of voting rights.
Behind Sen. Patrick Leahy
Patrick Joseph LeahyIncoming Congress looks more like America The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Trump OKs transition; Biden taps Treasury, State experience Durbin seeks to become top-ranking Democrat on Judiciary panel MORE (D-Vt.), the ranking member of the panel, the lawmakers are warning top Republicans that the Supreme Court's 2013 decision dismantling part of the Voting Rights Act (VRA) threatens a wave of discrimination at the polls in November.
In a letter sent Friday to Judiciary Chairman Chuck Grassley
Charles (Chuck) Ernest GrassleySenate GOP open to confirming Yellen to be Biden's Treasury secretary Biden budget pick sparks battle with GOP Senate Grassley returns to Capitol after having coronavirus MORE (R-Iowa) and Sen. John Cornyn
John CornynSenate GOP open to confirming Yellen to be Biden's Treasury secretary Biden budget pick sparks battle with GOP Senate Trump's NATO ambassador pledges 'seamless' transition to Biden administration MORE (R-Texas), head of the committee's Constitution subpanel, the Democrats called for a hearing "without further delay" to study the potential roadblocks facing voters this year, particularly in states that have enacted tougher voting laws since the Supreme Court ruling.
Some of those new laws, the Democrats contend, "disproportionately prevent or discourage minorities from voting."
"This year will be the first presidential election during which voters will be without the full protection of the Voting Rights Act of 1965 since its original passage," the Democrats wrote.
"Congress must restore the Voting Rights Act, and as the committee of jurisdiction, it is our responsibility to lead that process."
At issue is a section of the VRA — a landmark of the Civil Rights era — that had required certain states with documented histories of race-based discrimination to get federal approval before changing their voting rules.
In its 5-4 ruling three years ago, the Supreme Court found that, while the federal government has the power to oversee elections for the sake of fighting discrimination, the formula underlying the "pre-clearance" requirement was outdated and therefore unconstitutional.
Writing for the majority, Chief Justice John Roberts invited Congress to update the coverage formula, but Republican leaders in both chambers have declined to move on legislation. They argue the VRA provisions left intact by the court provide voters with ample protections.
Among those voices is Grassley, who responded last year to a similar Democratic push by saying, “Voting discrimination remains illegal after the Supreme Court’s ruling, and cases are still being brought under separate sections of the Voting Rights Act."
His committee hasn't acted, Grassley added, largely because "there is no consensus on how to move forward.”
Grassley's office reiterated that message on Monday.
“The Voting Rights Act remains in effect and is being used to protect against discrimination, just as it was enacted to do," spokeswoman Beth Levine said in an email. "The committee has held a number of hearings on the VRA over the last few years, none of which made the case for new legislation. In fact, the Democrats failed to even attempt to mark-up any bill in the last Congress.”
In the wake of the court decision, a number of states — almost all of them Republican-run — quickly adopted tougher voting laws, including new photo ID requirements, shorter windows for early voting and the elimination of same-day registration.
Supporters of those efforts say they're common-sense measures to fight voter fraud. Critics argue they're designed to discourage voting, particularly among low-income groups, minorities and students, who tend to side with the Democrats.
"Photo ID laws mostly harm those who do not have the resources to readily obtain the required identification," the Democrats wrote Friday. "[T]hese barriers impact all of us, Republicans and Democrats alike. There are often a variety of legitimate reasons why an individual does not have a photo ID — and laws should not be enacted when they disproportionately impact a certain segment of the population."
In their letter, Leahy and the Democrats sought to bolster their argument by pointing to problems that have popped up at the polls during the primary season, including hours-long lines in parts of Arizona that resulted from a vast cutback in polling stations. Arizona was among the states requiring approval prior to 2013.
Leahy and the Democrats, joined by a handful of Republicans from both chambers, are pushing legislation to update the pre-clearance coverage formula based on more recent cases of documented discrimination. That legislation, they argue, should at least get a public airing on Capitol Hill.
"A hearing would explore the need for this legislation, as well as what we should be doing to protect every American's right to vote," the Democrats wrote.
The Democrats are also going after Grassley and Cornyn for refusing to hold a hearing on Merrick Garland, President Obama's nominee to replace the late Justice Antonin Scalia on the Supreme Court.
"[I]n doing so, [Republicans] have claimed that they are giving the American people a voice," the Democrats wrote. "It is ironic that Senate Republicans would claim to give the American people a voice, but at the same time allow sweeping voting restrictions to be enacted that would silence many of these Americans — a disproportionate number of whom are minorities."
The other Judiciary Democrats endorsing the letter were Sens. Dianne Feinstein
Dianne Emiel FeinsteinIncoming Congress looks more like America The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - COVID-19 fears surround Thanksgiving holiday Feinstein departure from top post sets stage for Judiciary fight MORE (Calif.), Charles Schumer
Chuck SchumerOvernight Health Care: Moderna to apply for emergency use authorization for COVID-19 vaccine candidate | Hospitals brace for COVID-19 surge | US more than doubles highest number of monthly COVID-19 cases The five biggest challenges facing President-elect Biden Collins urges voters to turn out in Georgia runoffs MORE (N.Y.), Dick Durbin
Dick DurbinOvernight Health Care: Moderna to apply for emergency use authorization for COVID-19 vaccine candidate | Hospitals brace for COVID-19 surge | US more than doubles highest number of monthly COVID-19 cases Bipartisan Senate group holding coronavirus relief talks amid stalemate The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - COVID-19 fears surround Thanksgiving holiday MORE (Ill.), Sheldon Whitehouse
Sheldon WhitehouseThe Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - COVID-19 fears surround Thanksgiving holiday Feinstein departure from top post sets stage for Judiciary fight Whitehouse says Democratic caucus will decide future of Judiciary Committee MORE (R.I.), Amy Klobuchar
Amy KlobucharHillicon Valley: YouTube suspends OANN amid lawmaker pressure | Dems probe Facebook, Twitter over Georgia runoff | FCC reaffirms ZTE's national security risk Democrats urge YouTube to remove election misinformation, step up efforts ahead of Georgia runoff YouTube temporarily suspends OANN account after spreading coronavirus misinformation MORE (Minn.), Al Franken
Alan (Al) Stuart FrankenThe Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Trump, Biden clash over transition holdup, pandemic plans The Hill's Morning Report - Fearing defeat, Trump claims 'illegal' ballots The Hill's Morning Report - Biden inches closer to victory MORE (Minn.), Chris Coons
Chris Andrew CoonsOvernight Health Care: Moderna to apply for emergency use authorization for COVID-19 vaccine candidate | Hospitals brace for COVID-19 surge | US more than doubles highest number of monthly COVID-19 cases Bipartisan Senate group holding coronavirus relief talks amid stalemate Democrats face increasing pressure to back smaller COVID-19 stimulus MORE (Del.) and Richard Blumenthal (Conn.).
--This report was updated on May 3 at 7:03 a.m.
