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Voting Rights Are Back on Trial...Again

Opinion

Voting Rights Are Back on Trial...Again

Vote here sign

Caitlin Wilson/AFP via Getty Images

Last month, one of the most consequential cases before the Supreme Court began. Six white Justices, two Black and one Latina took the bench for arguments in Louisiana v. Callais. Addressing a core principle of the Voting Rights Act of 1965: representation. The Court is asked to consider if prohibiting the creation of voting districts that intentionally dilute Black and Brown voting power in turn violates the Equal Protection Clause of the 14th and 15th Amendments.

For some, it may be difficult to believe that we’re revisiting this question in 2025. But in truth, the path to voting has been complex since the founding of this country; especially when you template race over the ballot box. America has grappled with the voting question since the end of the Civil War. Through amendments, Congress dropped the term “property” when describing millions of Black Americans now freed from their plantation; then later clarified that we were not only human beings but also Americans before realizing the right to vote could not be assumed in this country. Still, nearly a century would pass before President Lyndon B Johnson signed the Voting Rights Act of 1965 ensuring voting was accessible, free and fair.


Considering this long history of disenfranchisement, it's little to wonder why the Voting Rights Act is being questioned in the Supreme Court today.

I’m reminded of a conversation I had with my father some years ago. When I was younger, he and I frequently launched into grand philosophic debates about democracy, religion, even gender. At the time, the country was at the peak of its election security debate and voter ID laws had begun popping up like wildfire. My father turned to me and proclaimed, “they are going to take it illegal for Black folks to vote.” A freshly minted political scientist, I didn’t hesitate in my pushback. Did he forget our right to vote was enshrined in the Constitution? That the 15th Amendment was designed to ensure all Americans had the right to vote, safely and without any barrier?

“There would need to be an amendment passed or a Constitutional Convention. Either way, it is extremely unlikely that it would ever occur,” I recall mounting as my closing argument.

Some years later, as I listened to the audio from the Louisiana v. Callais case, I realized how easily one could imagine that our nation has made meaningful progress like I so naively did when talking to my father. After all, America elected our nation’s first Black President and female Vice President. African Americans have climbed to the top of their fields in academia, medicine, sports and entertainment (a Black woman sits atop one of the most segregated charts — country music — reclaiming a genre indebted to Black culture).

But much like being Black in America, nothing has ever come that easy — we must read deeper. In the ongoing legal battle over Louisiana’s voting maps, Justice Brett Kavanaugh stated, “This court’s cases, in a variety of contexts, have said that race-based remedies are permissible for a period of time — sometimes for a long period of time, decades in some cases — but that they should not be indefinite and should have an end point.”

So has America been shedding alligator tears since 1865 for all the injustices against Black Americans? And are those tears the “remedies” that Justice Kavanaugh expects us to accept as progress? That answer now lies with six white Justices, two Black and one Latina; a majority who appear to believe those tears were real.

Terrell Couch is a Public Voices Fellow of The OpEd Project in Partnership with National Black Child Development Institute.


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What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

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