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811 F. Supp. Under circumstances of severe racial polarization, efforts to gain political advantage translate into race-specific disadvantages.” Ansolabehere, Persily, & Stewart, Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act, 126 Harv. Another concern shared by many of S…

. The same cannot be said of the Court’s opinion today. Congress noted this improvement and found that the VRA was the driving force behind it. Second, the Court veers away from controlling precedent regarding the “equal sovereignty” doctrine without even acknowledging that it is doing so. Jurisdictions covered by the preclearance requirement continued to submit, in large numbers, proposed changes to voting laws that the Attorney General declined to approve, auguring that barriers to minority voting would quickly resurface were the preclearance remedy elimi-nated.Second-generation barriers come in various forms. The D. C. Circuit affirmed. If the statute was working, there would be less evidence of discrimination, so opponents might argue that Congress should not be allowed to renew the statute. Compare.The dissent also turns to the record to argue that, in  light of voting discrimination in Shelby County, the county cannot complain about the provisions that subject it to preclearance.The dissent proceeds from a flawed premise. The county then attempted to reduce the availability of early voting in that election at polling places near a historically black university.In 1990, Dallas County, Alabama, whose county seat is the City of Selma, sought to purge its voter rolls of many black voters. 2006 Reauthorization §2(b)(1). While one State waits months or years and expends funds to implement a validly enacted law, its neighbor can typically put the same law into effect immediately, through the normal legislative process. Ultimately, however, the Court’s construction of the bailout provision left the constitutional issues for another day.Shelby County is located in Alabama, a covered jurisdiction. True, many cov ered jurisdictions have not been able to bail out due to recent acts of noncompliance with the VRA, but that truth reinforces the congressional judgment that these jurisdictions were rightfully subject to preclearance, and ought to remain under that regime.Congress approached the 2006 reauthorization of the VRA with great care and seriousness. ��(����`�\��fŢ�^��Mؼ�ԅT4��lZ����a�F��ܗ܍�l`��:��b�`�Qfp����t����3�>�%kjwJ4W�k�tVlQ��hh]�޴�H7�g�K�?�n{�{Rf�i�B�I�*����00��d'Dmؚ�u�j�ꂘ ;���ы��ں>"n{�j� W�3lM�g8��'jG��0���a���D�6Ϣ ��yR6��N&N:���8" h2ϣ �y�6�M�+������� FP����Đ` a � 6� ��ԁUr0d04�4��Z0� �k��sk1;��bQp�� �߃�G@�!������1���݆��GR̂myV��8�|�i���%��i �ٿ�4'�\U ۳@�>��`��@� ` �"�% See,We have also previously highlighted the concern that “the preclearance requirements in one State [might] be unconstitutional in another.”.Respondents do not deny that there have been improvements on the ground, but argue that much of this can be attributed to the deterrent effect of §5, which dissuades covered jurisdictions from engaging in discrimination that they would resume should §5 be struck down. We found that “Congress chose to limit its attention to the geographic areas where immediate action seemed necessary.”,Nearly 50 years later, things have changed dramati-cally. (1) In 1966, the coverage formula was “rational in both practice and theory.”,(2) The Government attempts to defend the formula on grounds that it is “reverse-engineered”—Congress identified the jurisdictions to be covered and. Under this standard, according to them, a bit of imprecision in coverage is permissible, especially since Congress would be within its authority to expand coverage to the entire nation.The Attorney General also responds that Shelby County is incorrect, and that voting discrimination does indeed remain concentrated in the covered jurisdictions.

The evidence was indeed sufficient to support Congress’ conclusion that “racial discrimination in voting in covered jurisdictions [remained] serious and pervasive.”.Congress further received evidence indicating that formal requests of the kind set out above represented only the tip of the iceberg. In the Civil Rights Acts of 1957, 1960, and 1964, Congress authorized and then expanded the power of “the Attorney General to seek injunctions against public and private interference with the right to vote on racial grounds.”,“Voting suits are unusually onerous to prepare, sometimes requiring as many as 6,000 man-hours spent combing through registration records in preparation for trial. Alternatively, certain local officials have defied and evaded court orders or have simply closed their registration offices to freeze the voting rolls.”.Answering that need, the Voting Rights Act became one of the most consequential, efficacious, and amply justified exercises of federal legislative power in our Nation’s his-tory. Moreover, Shelby County argues that the direct evidence of discrimination is “scattered.” . In 2013, the United States Supreme Court decided Shelby County v. Holder, which invalidated Section 4(b) of the Voting Rights Act of 1965.The ruling is part of longstanding efforts to maintain American institutions that have provided wide-ranging benefits to White citizens, including disproportionate political power. Section 4(b) sets forth a formula for determining if a jurisdiction is covered. 3374 0 obj <>stream Federal statutes that treat States disparately are hardly novelties.

109–295, at 13.There is no doubt that these improvements are in large part,Yet the Act has not eased the restrictions in §5 or narrowed the scope of the coverage formula in §4(b) along the way. The Court makes no genuine attempt to engage with the massive legislative record that Congress assembled. The States, According to the Supreme Court in Shelby County v. Holder Tara M. Darling Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Civil Rights and Discrimination Commons, Constitutional Law … One of the blockages is racial gerrymandering, the redrawing of legislative districts in an “effort to segregate the races for purposes of voting.”.In response to evidence of these substituted barriers, Congress reauthorized the VRA for five years in 1970, for seven years in 1975, and for 25 years in 1982.Congress did not take this task lightly.

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