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Civil Rights and Discrimination Commons™
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- African Americans (2)
- Constitutional violations (2)
- Discrimination (2)
- Minorities (2)
- Preclearance (2)
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- Race and law (2)
- Racial discrimination (2)
- Remedial regimes (2)
- Voting (2)
- Voting Rights Act (2)
- City of Rome v. United States (1)
- Congress (1)
- Enforcement Act of 1870 (1)
- Fifteenth amendment (1)
- Ginzburg (Ruth Bader) (1)
- Katzenbach v. Morgan (1)
- Preclearance requirement (1)
- Shelby County v. Holder (1)
- Shleby County v. Holder (1)
- South Carolina v. Katzenbach (1)
- United States Supreme Court (1)
- Voting Right Act (VRA) section 4(b) (1)
- Voting rights (1)
Articles 1 - 3 of 3
Full-Text Articles in Civil Rights and Discrimination
The Shelby County Problem, Ellen D. Katz
The Shelby County Problem, Ellen D. Katz
Book Chapters
Decided on June 23, 2013, Shelby County v. Holder scrapped the coverage formula set forth in Section 4(b) of the Voting Rights Act (VRA). Congress first enacted this formula in 1965 and, in it, set forth criteria to identify places with low levels of voter participation that was likely attributable to racial discrimination. Once identified, "covered" jurisdictions needed to obtain federal approval, known as preclearance, before changing any electoral practice. Specifically, they needed to demonstrate to the U.S. Department of Justice or a federal court that proposed changes were not discriminatory in purpose or effect. Shelby County lifted the preclearance …
Justice Ginsburg's Umbrella, Ellen D. Katz
Justice Ginsburg's Umbrella, Ellen D. Katz
Book Chapters
Near the end of her dissent in Shelby County v. Holder, Justice Ginsburg suggested a simple analogy to illustrate why the regional protections of the Voting Rights Act (VRA) were still necessary. She wrote that “[t]hrowing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”
Not Like The South? Regional Variation And Political Participation Through The Lens Of Section 2, Ellen D. Katz
Not Like The South? Regional Variation And Political Participation Through The Lens Of Section 2, Ellen D. Katz
Book Chapters
Congress voted last summer to reauthorize the expiring provisions of the Voting Rights Act. Among the reauthorized provisions is the Section 5 preclearance process, which requires "covered" jurisdictions to obtain federal approval before implementing changes to their voting laws. It is widely assumed that the reauthorization of Section 5 will survive constitutional scrutiny only if the record Congress amassed to support the statute documents pervasive unconstitutional conduct in covered jurisdictions for which preclearance offers a remedy. This paper takes issue with that assumption, arguing that precedent requiring such a record for new congressional legislation enforcing civil rights ought not apply …