The Obama Factor: The Impact of the 2008 Presidential Election on Future Voting Rights Act Litigation

by KRISTEN CLARKE

The 2008 presidential contest proved to be of historic proportions, resulting in the victory of Barack Obama, the nation’s first black president. The contest itself played out in dramatic fashion, with a nontraditional slate of party candidates, exceptionally competitive party primaries, record levels of individual campaign contributions, aggressive grassroots mobilization efforts, spikes in voter registration, and high Election Day turnout and participation rates. Moreover, this was the first election since the adoption of the modern system of presidential nomination through primaries in which neither major party had an incumbent’s name appear on the ballot. Beyond its historical significance, Obama’s victory has spawned a number of interesting debates on the issues of race and discrimination. Indeed, some commentators
have begun pointing to Obama’s presidential victory as singular evidence that we have overcome and resolved the problem of race in America. In particular, some have suggested that his victory marks the beginning
of a “post-racial” era in which race bears less significance or consequence.

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