[82], Critics of the law[who?] charge that it is unconstitutional. Research shows that the changing of voter locations and reduction in voting locations can reduce voter turnout. (Distributed), Brief amici curiae of Professors Richard L. Engstrom, et al. Brief amicus curiae of National Black Chamber of Commerce filed. [72], The law was challenged, on behalf of the North Carolina State Conference of the NAACP, by a lawsuit filed by Advancement Project, pro bono counsel Kirkland & Ellis, and North Carolina attorneys Adam Stein and Irv Joyner. [101][103] Since 2013, 19 states have implemented restrictive voter identification laws, closed polling places, and shortened early voting periods, charged U.S. Representative Terri Sewell. [4], In its wake, the ruling has made it easier for state officials to make it harder for ethnic minority voters to vote. Motion for divided argument filed by respondents Bobby Pierson, et al. Furthermore, with Alito’s gerrymandering decision, the Court holds that past discrimination by states—even at its boldest and most naked—is not really a consideration in assessments of current policies. the possibility to move a voter's registration with her when she moves to a new address within the same county or state, fail-safe protections, easier registration and voting for students, people with disabilities, military members and for voters who speak a language other than English as well as expansion of opportunities for voting registration and for early in-person voting.[99]. "[7], Journalist Vann R. Newkirk II asserted in July 2018 that the Roberts Court with its Shelby County v. Holder decision along with the 2018 Supreme Court decisions in Husted v. Randolph Institute[65][66] and Abbott v. Perez[67] has "set the stage for a new era of white hegemony," because these cases "furthered Roberts’s mandate to distance the federal judiciary from Thurgood Marshall’s vision of those bodies as active watchdogs for the Fourteenth and arbiters for America’s racial injustices. Affirming the attorney general's authority to send federal observers in states subject to Section 4 to monitor elections in these states the proposal expands the attorney general's authority to send observers to jurisdictions with a history of discriminating against language minority groups. The website is no longer updated and links to external websites and some internal pages may not work. 0000005392 00000 n
[30][31][32] The Court held that Section 4(b) exceeded Congress's power to enforce the Fourteenth and Fifteenth Amendments, reasoning that the coverage formula conflicts with the constitutional principles of federalism and "equal sovereignty of the states" because the disparate treatment of the states is "based on 40 year-old facts having no logical relationship to the present day" and thus is not responsive to current needs. 2867 (114th): Voting Rights Advancement Act of 2015", "H.R. [13], The Supreme Court upheld the preclearance requirement and coverage formula as constitutional enforcement legislation under Section 2 of the Fifteenth Amendment in South Carolina v. Katzenbach (1966). [21], The Supreme Court granted certiorari to hear the case on the limited question of "whether Congress' decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution. [52] Senator Bob Corker, however, said that he "cannot imagine" Congress ever agreeing on the terms of a new coverage formula. (Distributed), Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. We'll assume you're ok with this, but you can leave if you wish. startxref
[60], Since the ruling, several states once covered under preclearance have passed laws that removed provisions such as online voting registration, early voting, "Souls to the Polls" Sunday voting, same-day registration, and pre-registration for teens about to turn 18. 12–96. Any violation of the VRA or of federal voting rights law—whether intentional or not—can be under the new section 3 proposal grounds for a bail-in, but court objections to voter ID laws that are not found to be intentionally discriminatory cannot be used as grounds for "bail-in" under Section 3. (Distributed), Brief amicus curiae of Veterans of the Mississippi Civil Rights Movement, Inc. filed. ", "Election 2016: Restrictive Voting Laws by the Numbers", "Southern states have closed down at least 868 polling places for the 2016 election", "Politics: The Supreme Court Blesses Voter Purges", "Jurisprudence: Sonia Sotomayor's Dissent in the Big Voter-Purge Case Points to How the Law Might Still Be Struck Down", "Law: Divided Supreme Court Upholds Nearly All Of Texas GOP Redistricting Plan", "Voter Discrimination Starts Well Before Election Day", "Supreme Court To Hear Alabama Redistricting Challenge", "Arizona law may restrict voting in local elections", "North Carolina H.B. certiorari to the united states court of appeals for the district of columbia circuit. [88] The proposed Voting Rights Amendment Act of 2014 consists of five components:[87][88], As of June 2014 the proposed Voting Rights Amendment Act of 2014 was in limbo because there is no widespread support to amend the Voting Rights Act as it was by its re-authorization in 2006 by Congress. Arguing before Judge Bates included Kristen Clarke, who argued that it was reasonable for Congress to "stay the course" in renewing Section 5 of the Voting Rights Act in order to root out discrimination. [93] The Voting Rights Advancement Act of 2015[94] (H.R. Plaintiffs seeking a preliminary injunction against a potentially discriminatory voting law must only show that the hardship to them outweighs the hardship to the state if a law is blocked in court pending a full trial.
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