Equal protection from literacy tests
by digby
Via Slate’s history blog called The Vault, we have an example of a Louisiana voting literacy test:
This week’s Supreme Court decision in Shelby County v. Holder overturned Section 4(b) of the 1965 Voting Rights Act, which mandated federal oversight of changes in voting procedure in jurisdictions that have a history of using a “test or device” to impede enfranchisement. Here is one example of such a test, used in Louisiana in 1964.
After the end of the Civil War, would-be black voters in the South faced an array of disproportionate barriers to enfranchisement. The literacy test—supposedly applicable to both white and black prospective voters who couldn’t prove a certain level of education but in actuality disproportionately administered to black voters—was a classic example of one of these barriers.
By the way, one wrong answer resulted in failure and the test had to be finished in 10 minutes.
I would imagine that if Louisiana were to implement this test today, the difference would be that it would have to be given to all voters and not just the African Americans. Even in deep south, I don’t think they can get away with singling out people purely on the basis of their skin anymore. And in that case, the entire state of Louisiana would likely be disenfranchised. It’s not exactly a democratic outcome but at least it would be fair.
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