Posted June 9, 2010 by CLC Staff

Alabama County Seeks Summary Judgment in Constitutional Challenge to Voting Rights Act

Yesterday, Shelby County, Alabama filed a motion for summary judgment in Shelby County, AL v. Holder—a constitutional challenge to Section 5 of the Voting Rights Act.  The County advances several arguments in the motion.  First, that the preclearance requirements of Section 5 are no longer an “appropriate” means of enforcing the Fifteenth Amendment.  Second, that the legislative record developed by Congress was insufficient to show widespread intentional voting discrimination and pervasive voting discrimination in violation of the Fifteenth Amendment.  And third, that the coverage formula of Section 4(b) of the Voting Rights Act is no longer an “appropriate” method for deciding which state and political subdivisions are subject to the preclearance requirements of Section 5.