Voting Rights Act Panel

Section V of the Voting Rights Act (VRA) required covered jurisdictions to obtain “preclearance” before making changes to voting laws. In Shelby County v. Holder, the Supreme Court held that the formula determining which jurisdictions were covered by Section V was unconstitutional. Following Shelby County, states previously covered by Section V began proposing changes to election laws. If those laws are in fact discriminatory they must now be challenged under Section II of the VRA, which places the burden on plaintiffs to show racial discrimination. This panel will provide an update on proposed and enacted election law changes being made in the South, and it will consider the future of the VRA, including: (1) the efficacy of Section II for preventing disenfranchisement; (2) the possibility of Congress updating the coverage formula for Title V inclusion; and (3) the role of the public interest lawyer in VRA enforcement