Civil Rights and Discrimination Commons^™

The Looming Threat Of The Independent State Legislature Theory And The Erosion Of The Voting Rights Act: It Is Time To Enshrine The Right To Vote, Javon Davis

Fordham Law Voting Rights and Democracy Forum

Over the last decade, the emergence of an imperial United States Supreme Court—currently armed with the largest conservative majority since the 1930s—has radically reshaped federal voting rights protections. During the litigation surrounding the 2020 election, however, an obscure threat reemerged. The fringe independent state legislature (“ISL”) theory is a potentially revolutionary constitutional theory that could lead to widespread voter disenfranchisement. Proponents of the theory, including Supreme Court Justices, posit, in part, that the United States Constitution vests state legislatures with plenary power to construct rules for federal elections—unbound by state constitutions and free from state judicial review.

Once a refuge …

Rescuing Retrogression, Michael J. Pitts

Florida State University Law Review

No abstract provided.

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Sahar F. Aziz

No abstract provided.

Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling

Touro Law Review

No abstract provided.

Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams

Touro Law Review

No abstract provided.

Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.

An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Path Forward From Shelby County V. Holder, Janet W. Steverson

Journal of Race, Gender, and Ethnicity

No abstract provided.

Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson

Journal of Race, Gender, and Ethnicity

No abstract provided.

A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar

Journal of Race, Gender, and Ethnicity

No abstract provided.

Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Post-Shelby County Game, Steven R. Morrison

Journal of Race, Gender, and Ethnicity

No abstract provided.

Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey

Journal of Race, Gender, and Ethnicity

No abstract provided.

Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Journal of Race, Gender, and Ethnicity

No abstract provided.

One Step Forward, Two Steps Backward: How The Supreme Court’S Decision In Shelby County V. Holder Eviscerated The Voting Rights Act And What Civil Rights Advocates Should Do About It, Pamela Edwards

Journal of Race, Gender, and Ethnicity

No abstract provided.

Frederick Douglass On Shelby County, Olympia Duhart

Journal of Race, Gender, and Ethnicity

No abstract provided.

Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan

Journal of Race, Gender, and Ethnicity

No abstract provided.

Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason

Journal of Race, Gender, and Ethnicity

No abstract provided.

Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy

Journal of Race, Gender, and Ethnicity

No abstract provided.

Setting Congress Up To Fail, Margaret B. Kwoka

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Voting Game, Sarah R. Robinson

Journal of Race, Gender, and Ethnicity

No abstract provided.

Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Past As Prologue: Shelby County V. Holder And The Risks Ahead, J. Corey Harris

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Publications

The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This Article proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and who vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that …

State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

There are two ways to read the Supreme Court's decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of race …

Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns

Catholic University Law Review

No abstract provided.

Section 5 Of The Voting Rights Act And Its Place In Post-Racial America, Enbar Toledano

Enbar Toledano

The Fifteenth Amendment purported to withdraw race and color from the calculus of suffrage. Instead, it gave rise to an era of creative exclusion in which Southern states erected one barrier after another and Congress floundered in its attempts to secure the black vote it had promised. After ninety-five years, progress at last seemed possible with the introduction of the Voting Rights Act of 1965 (VRA), an echo of the Fifteenth Amendment fitted with shiny, new teeth. Section 5 of the VRA reversed the inertia of discrimination by requiring states with a demonstrated history of employing disfranchising voting practices to …

The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace

Touro Law Review

No abstract provided.