In an amicus brief filed in Shelby County v. Holder, which the U.S. Supreme Court will hear Feb. 27, the American Bar Association is urging the Court to affirm a decision of the U.S. Court of Appeals for the District of Columbia Circuit and uphold Congress’ 2006 reauthorization of the Voting Rights Act as constitutional.
The ABA brief says that “litigation alone” under the act’s Section 2 “would not be an adequate and sufficient remedy for voting discrimination” in covered jurisdictions with a past history of racial discrimination in voting. The act’s Section 5 bars such jurisdictions from making changes in election laws without first getting approval of the Justice Department or a three-judge federal court in Washington.
“Voting rights litigation under Section 2, as many ABA members know from front line experience, is extremely complex and costly,” the brief observes. “During the several years it regularly takes to litigate a Section 2 case, officials who were elected under an improper election regime continue to hold office, implement policies, and make a wide variety of decisions that remain in effect, often long after the election process that brought them to power is found to be discriminatory.”
The brief states that the “time, cost and complexity of prosecuting a Section 2 case cause significant on-going harms that could be minimized by Section 5 preclearance but often cannot be remedied after-the-fact.”
- Posted February 22, 2013
- Tweet This | Share on Facebook
ABA files amicus brief in Voting Rights Act case
headlines Detroit
- Grand jury refuses to indict Slotkin, other Dems over military orders video
- The Trump Administration is Losing Credibility with Judges and Grand Juries — Why This is ‘Remarkable and Unprecedented’
- ABA book provides a guide to the Indian Child Welfare Act and its legal and cultural significance
- Apology ‘for the harm’ inflicts even more pain to aftermath of killings
- Daily Briefs
headlines National
- A wave of lawsuits has resulted from online comments after Charlie Kirk’s assassination
- Goldman Sachs top lawyer resigns after emails show Jeffrey Epstein friendship
- Failed indictment of 6 Democratic lawmakers blamed on Jeanine Pirro-picked prosecutors
- Federal judges may address ‘illegitimate forms of criticism and attacks,’ according to new ethics opinion
- Senate GOP aims to reveal companies funding lawsuits
- Bad Bunny’s ‘love conquering hate’ message at Super Bowl reiterated by judge sentencing assaulter




