The Effects of Shelby County v. Holder

Overview

• The Supreme Court case Shelby County v. Holder significantly impacted voting rights in the U.S., particularly affecting states previously under preclearance mandates.
• Published by the Brennan Center for Justice on August 6, 2018.
• The ruling invalidated a key provision of the Voting Rights Act (VRA), leading to increased voter suppression measures.

Historical Context

• The Voting Rights Act (VRA) was enacted to enforce the 15th Amendment, preventing race-based voter discrimination.
• The VRA successfully reduced racial disparities in voter registration, notably improving access for black Americans.
• Key to its success was Section 4, which required jurisdictions with histories of discrimination to get federal approval (preclearance) before changing voting laws.

Key Issues Post Shelby County v. Holder

• Supreme Court Decision: In 2013, the Court ruled that Section 4's coverage formula was outdated, effectively nullifying the preclearance requirement.
• Impact: Led to a surge in state laws that restricted voting, primarily affecting racial minorities.

Case Studies

Texas

• SB 14 (2011): Enacted a strict photo ID law; over 600,000 voters lacked proper ID under this law.
• Legal Challenges:
  • Initial preclearance denied by District Court due to discriminatory impact.
  • Post-Shelby, Texas implemented SB 14 immediately.
  • NAACP v. Steen challenged SB 14 leading to rulings against it; however, Texas passed SB 5, which was upheld.

North Carolina

• HB 589: Enforced stringent voter ID requirements and reduced voting access.
• Legal Challenges:
  • Expanded rapidly after Shelby ruling.
  • U.S. Court of Appeals struck it down in 2016 for targeting African Americans.
  • Supreme Court denied further appeal in 2017.

Broader Implications

• States previously under preclearance have purged voter rolls at higher rates and enacted more restrictive voting laws.
• The Brennan Center’s reports reveal extensive efforts to limit voting rights post-Shelby.

Conclusion

• Shelby County v. Holder has had a profound impact on voter suppression laws in the U.S.
• The decision has led to challenges in maintaining equal voting access, particularly for minority groups.
• Continuous efforts and legal battles are ongoing to protect voting rights.