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Authors

Samuel Spital

Document Type

Article

Media Type

Text

Abstract

In Shelby County v. Holder, the Supreme Court eviscerated section 5 of the Voting Rights Act, a powerful remedy that applied to certain states and localities, which were identified by Section 4(b) of the Act. The Court held that section 4(b) violated the principle that all States enjoy equal sovereignty. I submit that Shelby County conflates sameness with equality, and that it constitutes a radical departure from precedent in three areas: (a) separation of powers; (b) federalism; and (c) the rules of adjudication for facial challenges. The decision is a major setback to civil rights. Ironically, it also provides an incentive for Congress to impose greater intrusions on state sovereignty in future legislation.

First Page

561

Last Page

584

Publication Date

7-1-2014

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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