Shelby County v. Holder (12-96)
argument 12-96Shelby County v. Holder
Supreme Court of the United States
1h 15m
6 speakers
8 chapters
transcribed 4 days ago
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What constitutional question does Shelby County v. Holder raise about the Voting Rights Act?
We'll hear argument first this morning in case twelve ninety six, Shelby County versus Holder. Mr Ryan.
Mr Chief Justice, and may it please the Court. Almost four years ago. Eight justices of the court agreed. The two thousand five, twenty five year extension of Voting Rights Act Section Five's pre clearance obligation Uniquely applicable to jurisdictions reached by section four B's annequated coverage formula raised a serious constitutional question. Those justices recognize that the record before the Congress in two thousand five. made it unmistakable that the South had changed. They questioned whether current remedial needs justified the extraordinary federalism and cost burdens of preclearance.
May I ask you a question? Assuming I accept your premise and there's some question about that. that some portions of the South have changed. Your county Pretty much has it. In in the period we're talking about it has many more discriminating two hundred and forty discriminatory voting laws that were blocked by Section five objections. There were a numerous remedied by Section two litigation, Uh You may be the wrong party bringing this.
Well, uh this is an on face challenge and I might I say um just to certify your
favor. And why would we vote in favour of a county? Whose record is the epitome of what caused the passage of this law to start with.
Well I don't agree with your premises, but let me just say number one When I said the South has changed, that is the statement that is made by the eight justices in the Northwest Austin case and I s certainly.
Congress sa Congress said that too. Nobody There isn't anybody. Uh in in Uh any side of this issue who doesn't admit That huge progress has been made. Congress itself said that. But in in line with Justice Sotomayor's question. In the D C Um Court of Appeals. The dissenting judge there Judge Williams said If this case were about three states, Mississippi, Louisiana, and Alabama, those states have the worst records. Um. uh application of section five to them might be okay.
Justice uh Kidsburg Judge Williams said that as he assessed various measures in the record, uh he thought those states might be distinguished. He did not say and he didn't reach the question whether those states should be subject to preclearance. In other words, whether on an absolute basis there was sufficient record to subject them.
But but think about the state that you are representing, it's about a quarter black, but Alabama has no black statewide elected officials. If Congress were to write a formula that looked to the number of successful Section two suits, Per million residents, Alabama would be the number one state on the list. If you factor in unpublished Section two suits, Alabama would be the number two. state on the list. If you use the number of Section five enforcement actions, Alabama would again be the number two state on the list. I mean you're objecting to a formula. But under any formula that Congress could devise. It would capture Alabama.
Well, if if I might respond, because I think Justice Sodemeyer had a similar question, and that is why should this be approached on face? Going back to Katzenbach, and all of the cases that have addressed the Voting Rights Act pre-clearance and the formula, they've all been addressed to determine the validity of imposing preclearance under the circumstances then prevailing and the formula, because Shelby County is covered not by an independent determination of Congress with respect to Shelby County, but because it falls within the formula as part of the State of Alabama. So I I I don't think that there's any reluctance upon the But
facial challenges are generally disfavored in our law. And so the question becomes why do we strike down a formula as Justice Kagan said? Which one you're Any circumstance the record shows uh the remedy would be congruent, proportional, rational. Whatever standard of review we apply, its application to Alabama would happen.
There there are two separate questions. One is whether the formula needs to be addressed.
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Chapters
8 chapters
1
What constitutional question does Shelby County v. Holder raise about the Voting Rights Act?
0:00–9:29
2
How do the Justices evaluate whether the coverage formula is still rational and proportional?
9:29–18:07
3
Why do some justices argue that the South has changed since the 1965 amendments?
18:07–27:39
4
What evidence does Congress cite to justify keeping Section 5 pre‑clearance in place?
27:39–36:42
5
How do the parties compare Section 2 litigation to the effectiveness of Section 5?
36:42–47:40
6
What are the arguments for and against treating the coverage formula as a facial challenge?
47:40–56:41
7
How do historical precedents like Northwest Austin and Katzenbach influence the Court’s analysis?
56:41–1:06:59
8
What conclusions do the Justices reach about the future necessity of the pre‑clearance regime?
1:06:59–1:16:03