The Future Of The Voting Rights Act

The Voting Rights Act (VRA) stands among the great achievements of American democracy. Originally adopted in 1965, the Act extended full political citizenship to African-American voters in the United States nearly 100 years after the Fifteenth Amendment first gave them the vote. While Section 2 of the VRA is a nationwide, permanent ban on discriminatory election practices, Section 5, which is set to expire in 2007, targets only certain parts of the country, requiring that legislative bodies in these areas—mostly southern states with a history of discriminatory practices—get permission from the federal government before they can implement any change that affects voting. In The Future of the Voting Rights Act, David Epstein, Rodolfo de la Garza, Sharyn O'Halloran, and Richard Pildes bring together leading historians, political scientists, and legal scholars to assess the role Section 5 should play in America's future. The contributors offer varied perspectives on the debate. Samuel Issacharoff questions whether Section 5 remains necessary, citing the now substantial presence of blacks in legislative positions and the increasingly partisan enforcement of the law by the Department of Justice (DOJ). While David Epstein and Sharyn O'Halloran are concerned about political misuse of Section 5, they argue that it can only improve minority voting power—even with a partisan DOJ—and therefore continues to serve a valuable purpose. Other contributors argue that the achievements of Section 5 with respect to blacks should not obscure shortcomings in the protection of other groups. Laughlin McDonald argues that widespread and systematic voting discrimination against Native Americans requires that Section 5 protections be expanded to more counties in the west. Rodolfo de la Garza and Louis DeSipio point out that the growth of the Latino population in previously homogenous areas and the continued under-representation of Latinos in government call for an expanded Section 5 that accounts for changing demographics. As its expiration date approaches, it is vital to examine the role that Section 5 still plays in maintaining a healthy democracy. Combining historical perspective, legal scholarship, and the insight of the social sciences, The Future of the Voting Rights Act is a crucial read for anyone interested in one of this year's most important policy debates and in the future of civil rights in America.

On June 25, 2013, the U.S. Supreme Court handed down its decision in Shelby County v. Holder, invalidating a key provision of voting rights law. The decision—the culmination of an eight-year battle over the power of Congress to regulate state conduct of elections—marked the closing of a chapter in American politics. That chapter had opened a century earlier in the case of Guinn v. United States, which ushered in national efforts to knock down racial barriers to the ballot. A detailed and timely history, The Rise and Fall of the Voting Rights Act analyzes changing legislation and the future of voting rights in the United States. In tracing the development of the Voting Rights Act from its inception, Charles S. Bullock III, Ronald Keith Gaddie, and Justin J. Wert begin by exploring the political and legal aspects of the Jim Crow electoral regime. Detailing both the subsequent struggle to enact the law and its impact, they explain why the Voting Rights Act was necessary. The authors draw on court cases and election data to bring their discussion to the present with an examination of the 2006 revision and renewal of the act, and its role in shaping the southern political environment in the 2008 and 2012 presidential elections, when Barack Obama was chosen. Bullock, Gaddie, and Wert go on to closely evaluate the 2013 Shelby County decision, describing how the ideological makeup of the Supreme Court created an appellate environment that made the act ripe for a challenge. Rigorous in its scholarship and thoroughly readable, this book goes beyond history and analysis to provide compelling and much-needed insight into the ways voting rights legislation has shaped the United States. The Rise and Fall of the Voting Rights Act illuminates the historical roots—and the human consequences—of a critical chapter in U.S. legal history.

A brutal, bloody, and at times hopeful history of the vote; a primer on the opponents fighting to take it away; and a playbook for how we can save our democracy before it’s too late—from the former U.S. Attorney General on the front lines of this fight Voting is our most important right as Americans—“the right that protects all the others,” as Lyndon Johnson famously said when he signed the Voting Rights Act—but it’s also the one most violently contested throughout U.S. history. Since the gutting of the act in the landmark Shelby County v. Holder case in 2013, many states have passed laws restricting the vote. After the 2020 election, President Trump’s effort to overturn the vote has evolved into a slow-motion coup, with many Republicans launching an all-out assault on our democracy. The vote seems to be in unprecedented peril. But the peril is not at all unprecedented. America is a fragile democracy, Eric Holder argues, whose citizens have only had unfettered access to the ballot since the 1960s. He takes readers through three dramatic stories of how the vote was won: first by white men, through violence and insurrection; then by white women, through protests and mass imprisonments; and finally by African Americans, in the face of lynchings and terrorism. Next, he dives into how the vote has been stripped away since Shelby—a case in which Holder was one of the parties. He ends with visionary chapters on how we can reverse this tide of voter suppression and become a true democracy where every voice is heard and every vote is counted. Full of surprising history, intensive analysis, and actionable plans for the future, this is a powerful primer on our most urgent political struggle from one of the country's leading advocates.

Examines the Voting Rights Act which was signed into law by President Lyndon Johnson in 1965, and describes the events leading up to it, the evolution of voting rights in the U.S., disenfranchisement of African Americans after Reconstruction, and the impact of this legislation.

This work is the first systematic attempt to measure the impact of the Voting Rights Act of 1965, commonly regarded as the most effective civil rights legislation of the century. Marshaling a wealth of detailed evidence, the contributors to this volume show how blacks and Mexican Americans in the South, along with the Justice Department, have used the act and the U.S. Constitution to overcome the resistance of white officials to minority mobilization. The book tells the story of the black struggle for equal political participation in eight core southern states from the end of the Civil War to the 1980s--with special emphasis on the period since 1965. The contributors use a variety of quantitative methods to show how the act dramatically increased black registration and black and Mexican-American office holding. They also explain modern voting rights law as it pertains to minority citizens, discussing important legal cases and giving numerous examples of how the law is applied. Destined to become a standard source of information on the history of the Voting Rights Act, Quiet Revolution in the South has implications for the controversies that are sure to continue over the direction in which the voting rights of American ethnic minorities have evolved since the 1960s.

On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.

The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting-mostly in the South-were required to "pre-clear" changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting practices and patterns in 1964, 1968, or 1972. At issue in Shelby County was whether Congress exceeded its constitutional authority when it reauthorized the VRA in 2006-with the existing formula-thereby infringing on the rights of the states. In its ruling, the Court struck down Section 4 as outdated and not "grounded in current conditions." As a consequence, Section 5 is intact, but inoperable, unless or until Congress prescribes a new Section 4 formula.