In a 5-4 decision, the U.S. Supreme Court in Shelby County v. Holder effectively ended a longstanding provision of the Voting Rights Act of 1965 that requires certain jurisdictions to have election-related changes “precleared”. The Court’s decision reversed an appellate court decision that upheld the act’s requirements.
Section 5 of the Act requires certain state and local governments (“covered jurisdictions”) with a history of discriminatory voting practices to obtain approval from the Department of Justice or the U.S. District Court for D.C. before implementing any change affecting voting. Specifically, preclearance applies to any attempt to change “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting...in any covered jurisdiction.”
The Court’s opinion did not address Section 5 itself, but rather a formula, found in Section 4 of the act, that determines which states Section 5 covers. However, without the formula, Section 5’s reach is limited to a small number of jurisdictions, not covered by the formula, that were “bailed in” under a separate provision of the act.
In striking down Section 4’s coverage formula, the Court held that it was unconstitutional in light of current conditions, writing that it was based on decades-old data and eradicated practices. It noted that the formula covered states that, as of the mid-1960s, had significantly low voter registration and turnout and recent use of certain voting tests (e.g., literacy tests). The Court’s opinion stated that such conditions are no longer present in the covered states, and thus could not be used as the basis for a coverage formula.
