Earlier this year we previewed two election cases before the Supreme Court that had the potential of dramatically changing the field: a dispute originating from Arizona concerning Congress' ability to preempt state law pursuant to the Elections Clause of the Constitution,1 and a case out of Alabama challenging the constitutionality of the "preclearance" provision (Section 5) of the Voting Rights Act.2 In the Arizona case,3 the Supreme Court upheld Congress' power to enact the National Voter Registration Act, also known as the Motor Voter Law. No real change here.
On the other hand, in the Voting Rights Act case, Shelby County v. Holder,4 the court upheld the constitutionality of preclearance—the requirement that certain jurisdictions submit proposed election changes to either the U.S. Department of Justice or a three-judge federal court for a review for discrimination5—but invalidated Section 4(b) of the act,6 the provision sometimes called the "coverage formula" that identifies which jurisdictions are subject to Section 5's preclearance requirements. The court's rationale was that this formula was outdated and, therefore, an impermissible standard by which to subject any jurisdiction to the preclearance requirements of Section 5. In short, the Shelby County ruling gutted Section 5 of the Voting Rights Act unless and until Congress revises the formula of Section 4.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
