[EL] Articles or commentary on Shelby County

[Doug Spencer]

Guy Charles and Luis Fuentes-Rohwer have a good piece
<http://connecticutlawreview.org/files/2014/12/10-CharlesandRohwer.pdf> arguing
that *Shelby County* destabilized longstanding federalism and separation of
powers doctrines on matters of race and politics. Rick Hasen agrees
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291612&rec=1&srcabs=2262954&alg=1&pos=1>
and
further laments the Court's failure to acknowledge what it was doing. Sam
Issacharoff
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2306080&rec=1&srcabs=2288248&alg=1&pos=2>
argues
that the best response to *Shelby County *is a stronger reliance by
Congress on the Elections Clause.

If you are interested in more empirical work, Chris Elmendorf and I have
shown how contemporary survey data could be used by Congress to update the
coverage formula (see here
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262954>) and also to
bolster Section 2 of the VRA, which was weakened by the decision (see here
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2414652>, forthcoming).

Nick Stephanopoulos also has a great article in the *Supreme Court Review*
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2336749> that evaluates
the effect of *Shelby County *by looking at the gap between section 2 and
section 5. He presents a series of maps that show congressional and state
legislative districts that met the standard required for preclearance under
Section 5 but that are now vulnerable under the standard required in
Section 2 cases.

-----
*Douglas M. Spencer*
*Associate Professor of Law & Public Policy*
University of Connecticut
315 Chase Hall
55 Elizabeth Street
Hartford, CT 06105
http://www.dougspencer.org


On Tue, Jun 9, 2015 at 1:28 PM, Scarberry, Mark <
Mark.Scarberry at pepperdine.edu> wrote:

> What is the best current work on the Shelby County case (published or on
> SSRN or ...)? Off-list responses are fine. I'm interested in articles and
> also shorter-form insightful pieces. Don't hesitate to cite your own work.
> I'm also sending this post to the conlawprof list; sorry for the
> duplication if you're on both lists.
>
> Mark
>
> Mark S. Scarberry
> Pepperdine University School of Law
>
>
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