Is the Second Reconstruction over?
The first ended with the withdrawal of Union troops from the Southern states as part of a deal that gave Rutherford B. Hayes the presidency after the disputed election of 1876.
The second began with the Voting Rights Act of 1965, a century after Appomattox. Under the VRA, Southern states seeking to make even minor changes in voting laws had to come to Washington to plead their case before the Justice Department and such lions of the law as Eric Holder.
Southern states were required to get this pre-clearance for any alterations in voting laws because of systematic violations of the 14th and 15th amendment constitutional rights of black Americans to equal access to polling places and voting booths.
The South had discriminated by using poll taxes, gerrymandering and literacy tests, among other tactics. Dixie was in the penalty box because it had earned a place there.
What the Supreme Court did Tuesday, in letting the South out of the box, is to declare that, as this is not 1965, you cannot use abuses that date to 1965, but have long since disappeared, to justify indefinite federal discrimination against the American South.
You cannot impose burdens on Southern states, five of which recorded higher voting percentages among their black populations in 2012 than among their white populations, based on practices of 50 years ago that were repudiated and abandoned in another era.
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