The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting-mostly in the South-were required to "pre-clear" changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting practices and patterns in 1964, 1968, or 1972. At issue in Shelby County was whether Congress exceeded its constitutional authority when it reauthorized the VRA in 2006-with the existing formula-thereby infringing on the rights of the states. In its ruling, the Court struck down Section 4 as outdated and not "grounded in current conditions." As a consequence, Section 5 is intact, but inoperable, unless or until Congress prescribes a new Section 4 formula.

The Voting Rights War tells the story of the courageous struggle to achieve voting equality through more than one hundred years of work by the NAACP at the Supreme Court. Readers take the journey for voting rights from slavery to the Plessy v. Ferguson case that legalized segregation in 1896 through today’s conflicts around voter suppression. The NAACP brought important cases to the Supreme Court that challenged obstacles to voting: grandfather clauses, all-White primaries, literacy tests, gerrymandering, vote dilution, felony disenfranchisement, and photo identification laws. This book highlights the challenges facing American voters, especially African Americans, the brave work of NAACP members, and the often contentious relationship between the NAACP and the Supreme Court. This book shows the human price paid for the right to vote and the intellectual stamina needed for each legal battle. The Voting Rights War follows conflicts on the ground and in the courtroom, from post-slavery voting rights and the formation of the NAACP to its ongoing work to gain a basic right guaranteed to every citizen. Whether through litigation, lobbying, or protest, the NAACP continues to play an unprecedented role in the battle for voting equality in America, fighting against prison gerrymandering, racial redistricting, the gutting of the Voting Rights Act, and more. The Voting Rights War highlights the NAACP’s powerful contribution and legacy.

With the passage of the Voting Rights Act in 1965, the right of minorities to register and vote was largely secured. It was soon discovered, however, that minority voting did not guarantee the election of minorities or minority-preferred candidates. Indeed, efforts by states and localities in the second half of the 1960s were aimed at denying any substantial minority representation to go along with the ability to cast ballots. Eventually congressional amendments to the Act along with the Supreme Court opinion in Thornburg v. Gingles (1986) have led to efforts to eliminate electoral laws that have the effect of diluting the minority vote, whether or not they were enacted with discriminatory intent. Controversy still surrounds the matter of minority representation, however, because of the ambiguity of certain aspects of the law and because of problems in applying it to the largely single-member district context of the 1990s. This book is the most up-to-date treatment of voting rights law and the numerous controversies surrounding minority representation. The authors have extensive, firsthand experience in both the legal battles and the scholarly examination of these issues. Based on this wealth of experience, they describe the development of the law after 1965, discuss in detail the prevailing Supreme Court interpretation of the Voting Rights Act, and examine discrepancies in federal court interpretations of subsequent actions. They also introduce the reader to technical procedures for establishing standards of representation and measuring discrimination. In the final two chapters, they consider the application of voting rights law to districting in the 1990s along with the implications of recent developments for the future of representation in America.

Although more Blacks are voting and running for public office, vote dilution still exists and weakens minority participation

If postmortems of the 2016 US presidential election tell us anything, it's that many voters discriminate on the basis of race, which raises an important question: in a society that outlaws racial discrimination in employment, housing, and jury selections, should voters be permitted to racially discriminate in selecting a candidate for public office? In Whitelash, Terry Smith argues that such racialized decision-making is unlawful and that remedies exist to deter this reactionary behavior. Using evidence of race-based voting in the 2016 presidential election, Smith deploys legal analogies to demonstrate how courts can decipher when groups of voters have been impermissibly influenced by race, and impose appropriate remedies. This groundbreaking work should be read by anyone interested in how the legal system can re-direct American democracy away from the ongoing electoral scourge that many feared 2016 portended.

This work is the first systematic attempt to measure the impact of the Voting Rights Act of 1965, commonly regarded as the most effective civil rights legislation of the century. Marshaling a wealth of detailed evidence, the contributors to this volume show how blacks and Mexican Americans in the South, along with the Justice Department, have used the act and the U.S. Constitution to overcome the resistance of white officials to minority mobilization. The book tells the story of the black struggle for equal political participation in eight core southern states from the end of the Civil War to the 1980s--with special emphasis on the period since 1965. The contributors use a variety of quantitative methods to show how the act dramatically increased black registration and black and Mexican-American office holding. They also explain modern voting rights law as it pertains to minority citizens, discussing important legal cases and giving numerous examples of how the law is applied. Destined to become a standard source of information on the history of the Voting Rights Act, Quiet Revolution in the South has implications for the controversies that are sure to continue over the direction in which the voting rights of American ethnic minorities have evolved since the 1960s.

Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.

Originally published in 2000, The Right to Vote was widely hailed as a magisterial account of the evolution of suffrage from the American Revolution to the end of the twentieth century. In this revised and updated edition, Keyssar carries the story forward, from the disputed presidential contest of 2000 through the 2008 campaign and the election of Barack Obama. The Right to Vote is a sweeping reinterpretation of American political history as well as a meditation on the meaning of democracy in contemporary American life.