Without an Umbrella in a Rainstorm: The Significance of Shelby County v. Holder (2013)
Social Sciences
Politics 190N: Problems and Solutions in U.S. Politics
The Supreme Court decision of Shelby County v. Holder (2013) altered the judicial trajectory of the Voting Rights Act (VRA) of 1965. In this 5-4 decision, the split Court struck down the VRA’s preclearance clause provision. This meant that jurisdictions with prominent legacies of minority disenfranchisement were no longer subject to federal oversight of their election and voting law changes. Shelby was an unprecedented instance of the Court curtailing Congress’s exclusive legislative powers under the Fifteenth Amendment in favor of their own perspective. The modern era of political polarization and hyper-partisanship provides a unique context for the VRA’s disempowerment and congressional questioning to take place. The nation’s legacy of racism, the present role of partisanship, and the Court’s unusual legislative encroachment all make Shelby County v. Holder (2013) a case worthy of deep consideration. This paper provides a detailed analysis of the decision, its constitutional significance, and the political consequences for voting rights.
