Shelby County v. Holder

Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4, which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of racial discrimination in voting.

On June 25, 2013, the Court ruled by a 5 to 4 vote that Section 4(b) was unconstitutional because the coverage formula was based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states. The Court did not strike down Section 5, but without Section 4(b), no jurisdiction will be subject to Section 5 preclearance unless Congress enacts a new coverage formula.

Claims have been made that the ruling has made it easier for state officials to engage in voter suppression. Research shows that preclearance led to increases in minority congressional representation and minority voter turnout. Five years after the ruling, nearly 1,000 U.S. polling places had closed, many of them in predominantly African-American counties. A 2011 study in the American Political Science Review showed that changing and reducing voting locations can reduce voter turnout. There were also cuts to early voting, purges of voter rolls, and imposition of strict voter ID laws. In response to the ruling, some states have enacted State Voting Rights Acts that include comprehensive state-level preclearance programs modeled after Section 5 of the Voting Rights Act.