The Supreme Court and the State of Texas wasted little time last week in revealing the full implications of the Court’s ruling in Shelby County v. Holder. Between the Court’s rulings and the State’s reactions, we will soon see fundamental changes to Texas’s election law that will almost surely have a retrogressive effect on the right to vote of racial minorities in that state.
We all know that last week the Court in Shelby County gutted the preclearance provision of the Voting Rights Act by striking the coverage formula for preclearance. The ruling lifted the preclearance requirement for all previously covered jurisdictions, including Texas, and rendered preclearance dormant unless and until Congress can rewrite a coverage formula.
But less widely known is this: Just two days after the Court issued the Shelby County ruling, it issued orders vacating two federal court decisions denying preclearance to two proposed changes to Texas’s election law -- a new and stringent voter-ID requirement, and redistricting maps for Texas’s congressional and state legislative districts. That same day, the Texas Attorney General announced that those proposed changes would go into effect -- that after Shelby County these changes “need not . . . go through the lengthy and costly federal preclearance process because of Tuesday’s ruling by the U.S. Supreme Court . . . .”