In the magazine this week, Jeffrey Toobin writes about Attorney General Eric Holder and his efforts to enforce the principles of the 1965 Voting Rights Act. In the Shelby County v. Holder decision of June, 2013, the Supreme Court declared Section 4 of the Act unconstitutional by a vote of five to four, arguing, in essence, that the provision was no longer necessary nearly fifty years after the civil-rights era. Chief Justice John G. Roberts, Jr., wrote the majority opinion, and Justice Ruth Bader Ginsburg penned the dissent, joined by the three other Democratic appointees to the Court.
Section 4 outlined a formula for identifying jurisdictions with a history of racial discrimination. These places included many states in the South and various counties and townships scattered across the country. Under Section 5 of the Act, these places were required to receive “preclearance” from the federal government before making any changes to voting laws. Though the Supreme Court didn’t render an opinion on Section 5, striking down Section 4 rendered it punchless—without a coverage formula, there are no places that require preclearance.