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Civil Rights and Discrimination

Voting Rights Act

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Full-Text Articles in Law

Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio Oct 2020

Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio

Washington and Lee Law Review

In its 2019 decision in Rucho v. Common Cause, the Supreme Court closed the doors of the federal courts to litigants claiming a violation of their constitutional rights based on partisan gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts. However, the Supreme Court did not address an insidious consequence of this ruling: namely, that map-drawers may use partisan rationales to obscure what is otherwise an unconstitutional racial gerrymander. This Note uses North Carolina as an example of a state with a long history of gerrymandering—both ...


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner Oct 2019

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow Jun 2019

Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow

Northwestern Journal of Law & Social Policy

No abstract provided.


Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz Apr 2018

Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz

Articles

Five years ago, Shelby County v. Holder released nine states and fifty-five smaller jurisdictions from the preclearance obligation set forth in section 5 of the Voting Rights Act (VRA). This obligation mandated that places with a history of discrimination in voting obtain federal approval—known as preclearance—before changing any electoral rule or procedure. Within hours of the Shelby County decision, jurisdictions began moving to reenact measures section 5 had specifically blocked. Others pressed forward with new rules that the VRA would have barred prior to Shelby County.


Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2018

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

This article explores the Supreme Court's new racial gerrymandering cases and argue that those cases are on a collision course with Section 2 of the VRA. We revisit the Shaw line of cases and explain that the Shaw cases were more sympathetic to the representational rights of voters of color than are the new racial gerrymandering cases. This is primarily because the Shaw cases made room within the doctrine for the state to pursue descriptive representation for voters of color. We argue that new racial gerrymandering cases are inimical to descriptive representation. To the extent that voting rights scholars ...


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg Aug 2017

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson Jun 2017

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman Mar 2017

The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman

University of Michigan Journal of Law Reform

The summer of 2016 showed that racial discrimination in voting is alive and well, as federal courts across the country struck down state statutes that disproportionately disenfranchise minority voters, including voter ID laws, restrictions on early voting, and racially gerrymandered legislative districts. However, at the local level, discriminatory practices in the nation’s approximately 89,000 political subdivisions have gone largely uninvestigated and challenged. Recent conflicts between communities of color and law enforcement have highlighted the failure of local governments in places like Ferguson, Missouri to adequately represent the interests of minority voters. These failures of representation, which occur in ...


Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell Mar 2017

Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell

Michigan Journal of Race and Law

Felon disenfranchisement provisions are justified by many Americans under the principle that voting is a privilege to be enjoyed only by upstanding citizens. The provisions are intimately tied, however, to the country’s legacy of racism and systemic disenfranchisement and are at odds with the values of American democracy. In virtually every state, felon disenfranchisement provisions affect the poor and communities of color on a grossly disproportionate scale. Yet to date, most challenges to the provisions under the Equal Protection Clause and Voting Rights Act have been unsuccessful, frustrating proponents of re-enfranchisement and the disenfranchised alike.

In light of those ...


“Why Should I Go Vote Without Understanding What I Am Going To Vote For?” The Impact Of First Generation Voting Barriers On Alaska Natives, James Thomas Tucker, Natalie A. Landreth, Erin Dougherty Lynch Mar 2017

“Why Should I Go Vote Without Understanding What I Am Going To Vote For?” The Impact Of First Generation Voting Barriers On Alaska Natives, James Thomas Tucker, Natalie A. Landreth, Erin Dougherty Lynch

Michigan Journal of Race and Law

This article explores the many forms of discrimination that have persisted in Alaska, the resulting first generation voting barriers faced by Alaska Native voters, and the two contested lawsuits it took to attain a measure of equality for those voters in four regions of Alaska: Nick v. Bethel and Toyukak v. Treadwell. In the end, the court’s decision in Toyukak came down to a comparison of just two pieces of evidence: (1) the Official Election Pamphlet that English-speaking voters received that was often more than 100 pages long; and (2) the single sheet of paper that Alaska Native language ...


After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour Jan 2017

After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour

Washington University Journal of Law & Policy

This Note traces the consequences of the Supreme Court’s decision in Shelby County v. Holder, which held unconstitutional the preclearance formula of the Voting Rights Act that required some states and counties to obtain federal authorization before changing voting procedures. Armour traces the history of the Voting Rights Act and the role independent commissions can play in ensuring that such facially neutral procedures do not have a disparate impact on minority communities. Armour advocates for independent commissions to take the place left empty by the Supreme Court’s rejection of the old preclearance formula suggesting that these commissions are ...


Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin Jan 2017

Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Rescuing Retrogression, Michael J. Pitts Jan 2016

Rescuing Retrogression, Michael J. Pitts

Florida State University Law Review

No abstract provided.


The Law Of Democracy At A Crossroads: Reflecting On Fifty Years Of Voting Rights And The Judicial Regulation Of The Political Thicket, Franita Tolson Jan 2016

The Law Of Democracy At A Crossroads: Reflecting On Fifty Years Of Voting Rights And The Judicial Regulation Of The Political Thicket, Franita Tolson

Florida State University Law Review

No abstract provided.


What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz Nov 2015

What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz

Articles

Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the ...


Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg Oct 2015

Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg

Michigan Journal of Race and Law

While much has been written regarding unconscious or “implicit bias” in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts voting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After reviewing research on implicit bias, this Article examines how implicit bias might impact different stages of the electoral process. It then argues that “results test” claims under Section 2 of the Voting Rights Act (VRA) present an opportunity for plaintiffs to introduce evidence regarding ...


A Half Century Later, We Need The Voting Rights Act More Than Ever, Jill Ogline Titus Aug 2015

A Half Century Later, We Need The Voting Rights Act More Than Ever, Jill Ogline Titus

Civil War Institute Faculty Publications

Two years ago, the Supreme Court determined that voter discrimination is a thing of the past. The Court's decision to gut the 1965 Voting Rights Act ensures that this summer's 50thanniversary commemoration is an ironic one.

We needed the legislation in 1965, the Court argued in its 2013 decision in Shelby County v. Holder, which struck down the formula that made the act enforceable, but we don't anymore. [excerpt]


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 Aug 2015

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 May 2015

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 May 2015

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 Apr 2015

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 Apr 2015

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

Journal of Race, Gender, and Ethnicity

No abstract provided.


Grandpa, Charles Walker Apr 2015

Grandpa, Charles Walker

Journal of Race, Gender, and Ethnicity

No abstract provided.


Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández Apr 2015

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.


Shelby, Race, And Disability Rights, Ravi Malhotra Apr 2015

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.


Preferential Judicial Activism, Sudha Setty Apr 2015

Preferential Judicial Activism, Sudha Setty

Journal of Race, Gender, and Ethnicity

No abstract provided.


Frederick Douglass On Shelby County, Olympia Duhart Apr 2015

Frederick Douglass On Shelby County, Olympia Duhart

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 Apr 2015

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 Apr 2015

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

Journal of Race, Gender, and Ethnicity

No abstract provided.


Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood Apr 2015

Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood

Journal of Race, Gender, and Ethnicity

No abstract provided.