[EL] ELB News and Commentary: Shelby County reactions thus far
Justin Levitt
levittj at lls.edu
Tue Jun 25 12:44:28 PDT 2013
More to come later today.
Obama and Holder on Shelby County <http://electionlawblog.org/?p=52098>
Posted onJune 25, 2013 12:24 pm
<http://electionlawblog.org/?p=52098>byJustin Levitt
<http://electionlawblog.org/?author=4>
The President
<http://www.whitehouse.gov/the-press-office/2013/06/25/statement-president-supreme-court-ruling-shelby-county-v-holder>:
I am deeply disappointed with the Supreme Court's decision today.
For nearly 50 years, the Voting Rights Act -- enacted and
repeatedly renewed by wide bipartisan majorities in Congress -- has
helped secure the right to vote for millions of Americans. Today's
decision invalidating one of its core provisions upsets decades of
well-established practices that help make sure voting is fair,
especially in places where voting discrimination has been
historically prevalent.
As a nation, we've made a great deal of progress towards
guaranteeing every American the right to vote. But, as the Supreme
Court recognized, voting discrimination still exists. And while
today's decision is a setback, it doesn't represent the end of our
efforts to end voting discrimination. I am calling on Congress to
pass legislation to ensure every American has equal access to the
polls. My Administration will continue to do everything in its
power to ensure a fair and equal voting process.
The Attorney General
<http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-130625.html>:
Good afternoon. Today, the U.S. Supreme Court announced its
decision in the case of Shelby County v. Holder -- and invalidated
an essential part of the Voting Rights Act, a cornerstone of
American civil rights law. Like many others across the country, I am
deeply disappointed with the Court's decision in this matter. This
decision represents a serious setback for voting rights -- and has
the potential to negatively affect millions of Americans across the
country.
In the nearly half-century since its initial passage -- in 1965 --
the Voting Rights Act has consistently enjoyed bipartisan support in
Congress as well as the Executive Branch. After extensive hearings,
Sections 4 and 5 of this important law were reauthorized most
recently in 2006, with the unanimous support of the U.S. Senate and
the near-unanimous support of the House of Representatives. This is
a uniquely legislative function and responsibility that the
Constitution expressly gave to Congress. The last reauthorization
was signed into law by President George W. Bush -- just as prior
reauthorizations had been signed by Presidents Reagan, Ford, and
Nixon -- in accordance with core nonpartisan American values.
More of the AG's speechhere
<http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-130625.html>.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
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Lots of good analysis of Shelby County
<http://electionlawblog.org/?p=52096>
Posted onJune 25, 2013 12:21 pm
<http://electionlawblog.org/?p=52096>byJustin Levitt
<http://electionlawblog.org/?author=4>
over at the NY Times site. Analysis of the decision, (to some extent)
its ramifications, and (to some extent) potential avenues for Congress
in the aftermath.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
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"Photo ID now required for voting in Texas"
<http://electionlawblog.org/?p=52094>
Posted onJune 25, 2013 12:19 pm
<http://electionlawblog.org/?p=52094>byJustin Levitt
<http://electionlawblog.org/?author=4>
From the TexasSecretary of State
<http://www.sos.state.tx.us/about/newsreleases/2013/062513.shtml>:
Texas Secretary of State John Steen today announced that photo
identification will now be required when voting in Texas elections.
His announcement follows a decision Tuesday by the U.S. Supreme
Court that cleared the way for photo ID requirements in Texas,
originally passed by the Texas Legislature in 2011, to take effect.
Morehere <http://www.sos.state.tx.us/about/newsreleases/2013/062513.shtml>.
That didn't take long.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voter id
<http://electionlawblog.org/?cat=9>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
Reactions to Shelby County: Rick Pildes
<http://electionlawblog.org/?p=52090>
Posted onJune 25, 2013 12:11 pm
<http://electionlawblog.org/?p=52090>byJustin Levitt
<http://electionlawblog.org/?author=4>
Continuing in the series of academic reactions to Shelby County, here's
Rick Pildes onSCOTUSblog
<http://www.scotusblog.com/2013/06/shelby-commentary-what-does-the-courts-decision-mean/>:
I have called the Voting Rights Act of 1965 (VRA) a "sacred symbol"
of American democracy. For that reason, the Supreme Court's
momentous decision holding unconstitutional a part of the Act --
Section 4, for short --- that had continued to apply, nearly fifty
years later, uniquely to the South, is itself laden with deep
symbolic meaning. But what is that meaning?
In truth, the decision will express such radically different
meanings to different people that we will not be able to forge
common ground regarding even the threshold question of what the
decision is "about." Starting from such irreconcilable symbolic
places, any discussion of the actual opinions themselves will be
almost beside the point.
Morehere
<http://www.scotusblog.com/2013/06/shelby-commentary-what-does-the-courts-decision-mean/>.
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
|Comments Off
Shelby County reactions: advocacy edition
<http://electionlawblog.org/?p=52081>
Posted onJune 25, 2013 12:06 pm
<http://electionlawblog.org/?p=52081>byJustin Levitt
<http://electionlawblog.org/?author=4>
And here's a roundup of some reactions to the decision from nonprofit
groups so far...
NAACP LDF
<http://www.naacpldf.org/update/supreme-court-ruling-voting-rights-opens-door-wave-minority-voter-suppression>
NAACP <http://www.naacp.org/page/s/vra-no-voting-rights>
MALDEF
<http://www.maldef.org/news/releases/supreme_court_decision_pulling_back_on_voting_rights/>NALEO
Educational Fund
<http://us1.campaign-archive2.com/?u=c1a51befb8159efb3bbd1f2620f9e1&id=b1439b54c3&e=pFVkkge0zQ>
AALDEF and AAJC
<http://www.advancingjustice-aajc.org/news-media/news/asian-american-groups-dismayed-supreme-court-decision-gut-voting-rights-act>Leadership
Conference on Civil and Human Rights
<http://www.civilrights.org/press/2013/VRA-Supreme-Court-Decision-Response.html>
<http://www.advancingjustice-aajc.org/news-media/news/asian-american-groups-dismayed-supreme-court-decision-gut-voting-rights-act>Color
of Change <http://www.freetovote.org/>
<http://www.advancingjustice-aajc.org/news-media/news/asian-american-groups-dismayed-supreme-court-decision-gut-voting-rights-act>Lawyers'
Committee for Civil Rights
<http://www.lawyerscommittee.org/newsroom/press_releases?id=0322>
<http://www.advancingjustice-aajc.org/news-media/news/asian-american-groups-dismayed-supreme-court-decision-gut-voting-rights-act>Advancement
Project
<http://www.advancementproject.org/news/entry/scotus-removes-critical-protection-for-voters-of-color>
ACLU
<http://www.aclu.org/voting-rights/supreme-court-strikes-down-current-coverage-formula-voting-rights-act>Brennan
Center for Justice
<http://www.brennancenter.org/press-release/section-5-stands-now-congress-must-strengthen-voting-rights-act>Campaign
Legal Center
<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2170:june-25-2013-supreme-court-shelby-county-v-holder-decision-statement-of-j-gerald-hebert&catid=63:legal-center-press-releases&Itemid=61>
Common Cause
<http://www.commoncause.org/site/apps/nlnet/content2.aspx?c=dkLNK1MQIwG&b=4773613&ct=13186773>Constitutional
Accountability Center
<http://theusconstitution.org/media/releases/cac-reacts-supreme-court-opinion-striking-down-part-iconic-voting-rights-act>Demos
<http://www.demos.org/press-release/high-courts-decision-striking-down-key-provision-voting-rights-act-1965-cannot-stand>Project
Vote
<http://www.projectvote.org/blog/2013/06/voting-rights-act-ruling-a-setback-for-our-great-democracy/>
True the Vote
<http://www.truethevote.org/news/supreme-court-buries-section-5-of-voting-rights-act> (linked
to PJ Media
<http://pjmedia.com/jchristianadams/2013/06/25/supreme-court-buries-section-5-of-voting-rights-act/>)
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
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About to Be on Talk of the Nation; My OpEd on Case Coming Soon
<http://electionlawblog.org/?p=52078>
Posted onJune 25, 2013 10:21 am
<http://electionlawblog.org/?p=52078>byRick Hasen
<http://electionlawblog.org/?author=3>
And more commentary later on today's blockbuster Voting Rights decision.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>,Voting
Rights Act <http://electionlawblog.org/?cat=15> |Comments Off
Reactions to Shelby County: Spencer Overton
<http://electionlawblog.org/?p=52072>
Posted onJune 25, 2013 9:31 am
<http://electionlawblog.org/?p=52072>byJustin Levitt
<http://electionlawblog.org/?author=4>
I'll be expecting several comments today on/Shelby County /from
academics who write in the field. Spencer Overton
<http://www.law.gwu.edu/Faculty/profile.aspx?id=3813> kicks it off:
The preclearance provision of the Voting Rights Act required that
all or part of 15 states submit their election changes to federal
officials for approval. Today, five members of the Court ruled that
the Section 4 coverage formula of the Voting Rights Act is
unconstitutional and can no longer be used to require that areas
preclear their election rules with federal officials. The Court
invalidated the coverage formula because the Justices believed the
formula was based on outdated election data from the 1960s and 1970s.
Today's Supreme Court decision is a setback for democracy.
Unfortunately, today's decision gives politicians even more power to
unfairly manipulate election rules and target Americans based on how
they look or talk. There is overwhelming evidence that unfair voting
rules remain a very real threat---too many political operatives
currently manipulate rules to diminish the voices of growing
minority communities.
His thoughts continuehere <http://spenceroverton.com/>.
UPDATE: More from Spencer at HuffPo: "How to Update the Voting Rights
Act
<http://www.huffingtonpost.com/spencer-overton/how-to-update-the-voting_b_3497350.html>"
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Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
|Comments Off
Shelby County Coverage So Far <http://electionlawblog.org/?p=51997>
Posted onJune 25, 2013 9:03 am
<http://electionlawblog.org/?p=51997>byJustin Levitt
<http://electionlawblog.org/?author=4>
SCOTUSblog <http://www.scotusblog.com/?p=165872>(andhere
<http://www.scotusblog.com/case-files/cases/shelby-county-v-holder/>)
AP
<http://bigstory.ap.org/article/high-court-voids-key-part-voting-rights-act>Reuters
<http://www.reuters.com/article/2013/06/25/us-usa-court-voting-idUSBRE95O0TU20130625>
USA Today
<http://www.usatoday.com/story/news/politics/2013/06/25/supreme-court-shelby-voting-rights-alabama-congress-race/2116491/>
NY Times
<http://www.nytimes.com/2013/06/26/us/supreme-court-ruling.html?hp&_r=0>(andhere
<http://projects.nytimes.com/live-dashboard/2013-06-25-supreme-court>)
Washington Post
<http://www.washingtonpost.com/politics/supreme-court-stops-use-of-key-part-of-voting-rights-act/2013/06/25/26888528-dda5-11e2-b197-f248b21f94c4_story.html>
Wall St. Journal
<http://online.wsj.com/article/SB10001424127887323469804578521363840962032.html?mod=WSJ_Home_largeHeadline>McClatchy
(Miami Herald
<http://www.miamiherald.com/2013/06/25/3469434/supreme-court-strikes-down-key.html>)
<http://online.wsj.com/article/SB10001424127887323469804578521363840962032.html?mod=WSJ_Home_largeHeadline>LA
Times
<http://www.latimes.com/news/politics/la-pn-supreme-court-voting-rights-ruling-20130625,0,3553912.story>Houston
Chronicle
<http://blog.chron.com/txpotomac/2013/06/supreme-court-strikes-down-key-provision-of-voting-rights-act-narrows-its-scope/>
Atlanta Journal-Constitution
<http://www.ajc.com/news/news/national-govt-politics/supreme-court-throws-out-voting-rights-act-preclea/nYTj6/>
CNN
<http://www.cnn.com/2013/06/25/politics/scotus-voting-rights/index.html?hpt=hp_t1>
Bloomberg
<http://www.bloomberg.com/news/2013-06-25/voting-rights-act-provision-struck-down-by-u-s-supreme-court.html>
Politico
<http://www.politico.com/story/2013/06/supreme-court-voting-rights-act-ruling-93324.html?hp=t1>National
Journal
<http://www.nationaljournal.com/domesticpolicy/supreme-court-shreds-key-provision-of-the-voting-rights-act-20130625>
The Hill
<http://thehill.com/homenews/news/307581-supreme-court-rules-against-voting-rights-act>
Roll Call
<http://atr.rollcall.com/supreme-court-strikes-key-voting-rights-law/>The Atlantic
<http://www.theatlantic.com/national/archive/2013/06/on-voting-rights-a-decision-as-lamentable-as-plessy-or-dred-scott/276455/>
<http://atr.rollcall.com/supreme-court-strikes-key-voting-rights-law/>The Nation
<http://www.thenation.com/blog/174968/scotus-voting-rights-act-decision-means-we-need-amend-constitution#axzz2XFC95A6N> (andhere,
from Ari Berman
<http://www.thenation.com/blog/174973/what-supreme-court-doesnt-understand-about-voting-rights-act>)
And with a little preview, I was on theTavis Smiley
<http://www.pbs.org/wnet/tavissmiley/>show (with Kimberlé Williams
Crenshaw) last night, discussing the Monday opinions and laying the
ground for /Shelby County/. At that point, I was still optimistic.
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<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51997&title=Shelby%20County%20Coverage%20So%20Far&description=Obama%20and%20Holder%20on%20Shelby%20County%0APosted%20on%20June%2025%2C%202013%2012%3A24%20pm%20by%20Justin%20Levitt%0AThe%20President%3A%0A%0AI%20am%20deeply%20disappointed%20with%20the%20Supreme%20Court%E2%80%99s%20decision%20today.%20%C2%A0For%20nearly%2050%20years%2C%20the%20Voting%20Rights%20Act%20%E2%80%93%20enacted%20and%20repeatedly%20renewed%20by%20wide%20bipartisan%20majorities%20in%20Congress%20%E2%80%93%20has%20helped%20secure%20the%20right%20to%20vote%20for%20millions%20of%20Americans.%C2%A0%20Today%E2%80%99s%20decision%20invalidating%20one%20of%20its%20core%20provisions%20upsets%20decades%20of%20well-established%20practices%20that%20help%20make%20sure%20voting%20is%20fair%2C%20especially%20in%20places%20where%20voting%20discrimination%20has%20been%20historically%20prevalent.%0A%0AAs%20a%20nation%2C%20we%E2%80%99ve%20made%20a%20great%20deal%20of%20progress%20towards%20guaranteeing%20every%20American%20the%20righ>
Posted inVoting Rights Act <http://electionlawblog.org/?cat=15>
|Comments Off
Remaining SCOTUS opinions due at 10am tomorrow (Wednesday)
<http://electionlawblog.org/?p=52067>
Posted onJune 25, 2013 7:31 am
<http://electionlawblog.org/?p=52067>byJustin Levitt
<http://electionlawblog.org/?author=4>
SCOTUSblog is reporting that the remaining opinions from the Court are
due at 10am tomorrow. There are three left, including the Prop 8 and
DOMA cases.
Share
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Posted inSupreme Court <http://electionlawblog.org/?cat=29> |Comments Off
BREAKING NEWS: Section 4 of VRA struck down
<http://electionlawblog.org/?p=52059>
Posted onJune 25, 2013 7:10 am
<http://electionlawblog.org/?p=52059>byJustin Levitt
<http://electionlawblog.org/?author=4>
The wait is over. SCOTUSblog reports that section 4 of the VRA has been
struck down --- the formula for determining preclearance coverage. The
Chief Justice wrote the opinion, with Justices Ginsburg, Breyer,
Sotomayor, and Kagan in dissent.
UPDATE: The opinion ishere
<http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf>. I'll be
tracking commentary throughout the day.
Share
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,redistricting
<http://electionlawblog.org/?cat=6>,Uncategorized
<http://electionlawblog.org/?cat=1>,voter registration
<http://electionlawblog.org/?cat=37>,Voting Rights Act
<http://electionlawblog.org/?cat=15> |Comments Off
--
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA 90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321
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