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Constitutional Law Keyed to Choper
Shelby County v. Holder
Citation:
570 U.S. 529, 133 S.Ct. 2612, 186 L.Ed.2d 651 (2013).Facts
The Voting Rights Act of 1965 (the “Act”) was enacted as a response to the nearly century-long history of voting discrimination. Section 5 prohibits eligible districts from enacting changes to their election laws and procedures without gaining official authorization. Section 4(b) defines the eligible districts as ones that had a voting test in place as of November 1, 1964 and less than 50% turnout for the 1964 presidential election. Such districts must prove to the Attorney General or a three-judge panel of a Washington, D.C. district court that the change “neither has the purpose nor will have the effect” of negatively impacting any individual’s right to vote based on race or minority status. Section 5 was originally enacted for five years, but has been continually renewed since that time.
Shelby County, Alabama, filed suit in district court, seeking both a declaratory judgment that Section 5 and Section 4(b) are unconstitutional and a permanent injunction against their enforcement.
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