*This post originally appeared on the blog of the American Constitution Society’s official journal, the Harvard Law and Policy Review (HLPR).
In commemoration of the 50th anniversary of the Voting Rights Act, HLPR has published a new article in which Ryan P. Haygood exposes the damage caused by Shelby County in the past two years.
Fifty years ago today, the landmark Voting Rights Act of 1965 (“VRA”) was signed into law. The VRA was one of the crowning achievements of the civil rights movement, and for the next several decades, it played a crucial role in the fight against discrimination and the advancement of voting rights for minorities. Yet, in the 2013 case Shelby County, Alabama v. Holder, the Supreme Court halted and reversed the march of progress by striking down Section 4(b) of the VRA as unconstitutional. In doing so, the Supreme Court acted not only against its own precedent but also against the judgment of Congress—based on a vast and overwhelming amount of evidence—that the protection of the VRA was still needed. As can be seen in the 2014 HLPR articles by James Blacksher & Lani Guinier and Daniel P. Tokaji, academics and practitioners decried the Supreme Court’s decision and warned of the consequences that would follow. Sure enough, Shelby County gave free rein to states that had previously been restrained by the VRA, and many wasted no time in enacting discriminatory voting laws.