Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion in Shelby County v Holder, voting 2-1 to uphold the constitutionality of Section 5 of the Voting Rights Act, which requires certain states and jurisdictions to obtain federal approval of election changes before they can go into effect. I’ve already blogged about the effects of Section 5, especially in the context of current national fights over voter ID – and any change in Section 5 that reduces federal oversight in covered jurisdictions would be significant to the combatants on either side of that and other debates.
The appeals court’s Shelby County opinion used expert testimony and other data to find that Congress’ decision to extend Section 5 through amendments and extensions to the Voting Rights Act was entitled to judicial deference and thus is not unconstitutional. In a dissent, Judge Williams was unpersuaded by the evidence; more importantly, however, he was particularly critical of the formula – 4(b) – used to subject states and jurisdictions to Section 5.
Full Article: Formula for Change: The Shelby County Case and Section 5 – Election Academy.