Saturday,  November 10, 2012 • Vol. 13--No. 115 • 28 of 52 •  Other Editions

(Continued from page 27)

• Tuesday's election results also provide an interesting backdrop for the court's action. Americans re-elected the nation's first African-American president. Exit polls across the country indicated Obama won the votes of more than 70 percent of Hispanics and more than 90 percent of blacks. In Alabama, however, the exit polls showed Obama won only about 15 percent of the state's white voters. In neighboring Mississippi, the numbers were even smaller, at 10 percent, the surveys found.
• The case probably will be argued in February or March, with a decision expected by late June.
• The advance approval, or preclearance requirement, was adopted in the Voting Rights Act in 1965 to give federal officials a potent tool to defeat persistent efforts to keep blacks from voting.
• The provision was a huge success, and Congress periodically has renewed it over the years. The most recent occasion was in 2006, when a Republican-led Congress overwhelmingly approved and President George W. Bush signed a 25-year extension.
• The requirement currently applies to the states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. It also covers certain counties in California, Florida, New York, North Carolina and South Dakota, and some local jurisdictions in Michigan and New Hampshire. Coverage has been triggered by past discrimination not only against blacks, but also against American Indians, Asian-Americans, Alaskan Natives and Hispanics.
• Before these locations can change their voting rules, they must get approval either from the U.S. Justice Department's civil rights division or from the federal district court in Washington that the new rules won't discriminate.
• Congress compiled a 15,000-page record and documented hundreds of instances of apparent voting discrimination in the states covered by the law dating to 1982, the last time it had been extended.
• Six of the affected states, Alabama, Arizona, Georgia, South Carolina, South Dakota and Texas, are backing Shelby County's appeal.
• In 2009, Roberts indicated the court was troubled about the ongoing need for a law in the face of dramatically improved conditions, including increased minority voter registration and turnout rates. Roberts attributed part of the change to the law itself. "Past success alone, however, is not adequate justification to retain the preclearance requirements," he said.
• Jurisdictions required to obtain preclearance were chosen based on whether they had a test restricting the opportunity to register or vote and whether they had a voter registration or turnout rate below 50 percent.

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