How the 2013 Shelby County v. Holder Decision Re-Opened the Door to State Voter Suppression Legislation

The American Democracy Minute Radio Report & Podcast for June 26, 2023

Today’s Script

(Variations occur with audio due to editing for time) 

Today’s Links now below the script

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

June 25th, 2023 was the tenth anniversary of Shelby County v. Holder, a U.S. Supreme Court decision gutting a key provision of the Voting Rights Act.  What was this decision about, and how has it contributed to the erosion of our democracy? 

Decades of systemic racist voter suppression and violence spurred passage of the 1965 Voting Rights Act, outlawing discrimination in voting on the basis of race and enforcing the 15th Amendment.

Section 5 of the VRA created “pre-clearance” requirements for states, counties or municipalities with a history of voter discrimination. It required them to clear any new election rules with the U.S. Justice Department.  

But in 2012, Shelby County, Alabama argued to the U.S. Supreme Court that Section 5 was unconstitutional.  Instead, the court ruled that the formula used to apply pre-clearance was outdated, and asked Congress for an update.  Congress hasn’t acted, so Section 5 has been unenforceable since 2013.

The decision greenlighted a resurgence of voter suppression bills in conservative-leaning states with large Black or Hispanic populations.  Among the shady tactics employed are reductions in polling places, removal of drop boxes, shortening of early voting, attempting to stop voter registration drives, narrowing voter ID options, and even preventing the handing out food and water to voters forced to wait in long lines.   All making it harder for our fellow Americans to vote. 

We have details on the Shelby v. Holder decision at AmericanDemocracyMinute.org. I’m Brian Beihl.


Today’s Links

Articles & Resources:
U.S. Justice Department – About Section 5 Of The Voting Rights Act
U.S. Justice Department – List of States, Counties & Cities Subject to Pre-Clearance as of 2013
U.S. Justice Department – The Shelby County Decision
NAACP Legal Defense Fund – HOW SHELBY COUNTY V. HOLDER  BROKE DEMOCRACY
Democracy Docket –  The Voting Rights Act: How We Got Here
Brennan Center for Justice – Shelby County v. Holder
Center for Public Integrity – ‘What the court misunderstood is just how fragile our democracy is’

Groups Taking Action:
NAACP Legal Defense Fund, Campaign Legal Center, MALDEF, Native American Rights Fund, Asian American Pacific Islanders Vote, ACLU Alabama


Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Get ADM Radio Report email!  Sign up here!

#Democracy  #DemocracyNews #VotingRights #VoterSuppression #ShelbyvHolder