Shelby County v. Holder
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-96 | D.C. Cir. | Feb 27, 2013 | Jun 25, 2013 | 5-4 | Roberts | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to Representative F. James Sensenbrenner et al., who filed an amicus brief in support of the respondent in this case.
Holding: Section 4 of the Voting Rights Act is unconstitutional; its formula can no longer be used as a basis for subjecting jurisdictions to preclearance.
Judgment: Reversed, 5-4, in an opinion by Chief Justice Roberts on June 25, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor and Justice Kagan joined.
SCOTUSblog Coverage
- Legal scholarship highlight: How should the Court assess the workings of the other institutions of government? (Richard Pildes, May 20, 2014)
- After Shelby County (Kali Borkoski, November 4, 2013)
- Texas fights new voting supervision (Lyle Denniston, August 6, 2013)
- Key date for test of voting law's preclearance requirement (Lyle Denniston, July 18, 2013)
- New Texas voting disputes (Lyle Denniston, July 3, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Dissenting from the bench (Stephen Wermiel, July 2, 2013)
- A view from Alabama (John Neiman, June 28, 2013)
- Shadowboxing and unintended consequences (Justin Levitt, June 25, 2013)
- Supreme Court recognizes Jim Crow’s demise, restores constitutional order (Ilya Shapiro, June 25, 2013)
- The curious disappearance of Boerne and the future jurisprudence of voting rights and race (Richard Hasen, June 25, 2013)
- How big is Shelby County? (Ellen D. Katz, June 25, 2013)
- The Court meant what it said in Northwest Austin (Jeffrey Harris, June 25, 2013)
- We gave you a chance: Today’s Shelby County decision in Plain English (Amy Howe, June 25, 2013)
- A "view" from the Court: June 25, 2013 (Mark Walsh, June 25, 2013)
- Shelby Commentary: What does the Court’s decision mean? (Richard Pildes, June 25, 2013)
- Opinion recap: Voting law in deep peril (Lyle Denniston, June 25, 2013)
- Details on Shelby County v. Holder: In Plain English (Amy Howe, June 25, 2013)
- Future of voting rights up in the air: In Plain English (Amy Howe, June 7, 2013)
- Will Section 5 survive? The Shelby v. Holder argument in Plain English (with audio) (Amy Howe, March 6, 2013)
- Shelby County v. Holder: The original understanding of Congress’s enforcement powers (Carl Cecere, March 1, 2013)
- Post-argument commentary: Dismissing deference (Ellen D. Katz, February 28, 2013)
- Academic highlight: Amar on the constitutionality of the Voting Rights Act (Amanda Frost, February 28, 2013)
- Afternoon round-up: Shelby County v. Holder (Kali Borkoski, February 27, 2013)
- Post-argument commentary: Voting rights are an American entitlement (Elizabeth Wydra, February 27, 2013)
- Argument recap: Voting law in peril -- maybe (Lyle Denniston, February 27, 2013)
- Argument preview: The Court's options on voting rights (Lyle Denniston, February 26, 2013)
- Court to return to constitutionality of Voting Rights Act: In Plain English (Amy Howe, February 25, 2013)
- Shelby County v. HolderThe ineffective scattershot defense of Section 5 (Hashim Mooppan, February 19, 2013)
- Shelby County v. Holder: The Voting Rights Act doesn’t need to treat states equally (Zachary Price, February 16, 2013)
- Shelby County v. Holder: The Shelby County Section 5 showdown (Hans von Spakovsky, February 15, 2013)
- Shelby County v. Holder: Preclearance may be a blunt instrument, but bailout is a sharpening stone (Ryan Emenaker, February 13, 2013)
- Shelby County v. Holder: Don’t forget the Elections Clause (Daniel Tokaji, February 13, 2013)
- Shelby County v. Holder: Latino voters need Section 5 today more than ever (Nina Perales, February 12, 2013)
- Shelby County v. Holder: Forget the coverage formula, what about the effects test? (Joshua Thompson, February 12, 2013)
- Shelby County v. Holder: Bad behavior by DOJ contributes to the fall of Section 5 (Christian Adams, February 12, 2013)
- Shelby County v. Holder: Reasons to believe (Michael Pitts, February 11, 2013)
- Voting rights case: Made simple (Lyle Denniston, February 8, 2013)
- Online symposium announcement: Shelby County v. Holder (Kali Borkoski, February 7, 2013)
- Speedy appeal on voter ID law (UPDATED) (Lyle Denniston, December 17, 2012)
- Court to rule on voting rights law, DNA case (FINAL UPDATE) (Lyle Denniston, November 9, 2012)
- Petition of the day (Ben Cheng, October 15, 2012)
- Voting rights cases: Made simple (Lyle Denniston, September 7, 2012)
