VOTER DISENFRANCHISEMENT AFTER SHELBY COUNTY: THE NEED TO RESUME FEDERAL PRECLEARANCE

The Voting Rights Act of 1965 expanded the 14th and 15th amendments by outlawing the discriminatory practices adopted by many southern states to keep many African Americans from voting. Section 4(b) of the VRA required that states with a previous history of voter suppression obtain federal preclearance before enacting any new voting laws. In 2013, the Supreme Court held in Shelby County v. Holder that the coverage formula in section 4(b) was unconstitutional. I argue that Shelby County has opened the door to numerous recent efforts to restrict voting. While these restrictions have been justified to counter illegal voting, I argue that the removal of preclearance has led to restrictions on voting that do not facilitate the integrity of voting, but ‘suppress voting,’ and have a disparate impact on minorities.