In Shelby County v. Holder, the Supreme Court determined that Section 4 and, subsequently Section 5, of the Voting Rights Act of 1965 insufficiently relates to voter discrimination in 2015. The Alabama County argued that the federal government cannot enforce matters differently between states. In the same vein, Chief Justice Roberts argued for the pertinence of the “fundamental principle of sovereignty” among the States. In accordance with the 10th and 15th amendments, federal oversight rooted in a fifty-year-old formula and impressions of counties is unnecessary. Policymakers should either develop a more appropriate approach to protecting minority voters or allow the states to practice their sovereignty in enforcing voter ID laws, and it seems the Supreme Court is calling for the former while accepting the latter.

I agree with Cory. The decision in Shelby County v. Holder is ushering in a new era, but we should not be so quick to label the majority opinion as misguided trust toward Republican states. The Supreme Court essentially stated that the Department of Justice should not be allowed to oversee state and local governments with a fifty-year-old “coverage formula.” A coverage formula, outlined in Section 4 of the VRA, supplies conditions for the Department of Justice to oversee potentially restrictive voter laws.

Preclearance proceedings, which are necessary for covered governments to enact voter legislation, places the burden of proof on the supplicant jurisdiction and applies standards differently from other states that could put a similar law into effect immediately.  Preclearance was meant to only last five years and address the conditions in 1965, not contemporary conditions. A majority of the Supreme Court, specifically Chief Justice Roberts, is challenging Congress to pass a more modern formula that speaks to “current conditions of racial discrimination in voting.” The Opinion of the Court explains avenues for people still affected by voting rule changes, as they can still sue under Section 2 of the act. Section 2 resolutely outlaws racial discrimination in voting. Justice Ginsburg makes several excellent points in her dissent, especially regarding the evolution of voting discrim­ination. She argues that a “remedy as effective as preclearance remains vital to protect minority voting rights and prevent backsliding.” A remedy as effective as preclearance does not have to be outdated coverage formulas or preclearance, itself, as neither addresses subtle second-generation barriers.

Cory brings up a second agreeable point: that there are still close electoral races. Such tight races express the value in determining that the people who should not vote are not voting. Regarding voter ID laws, 74 percent of respondents in a 2012 Washington Post poll said that voters should be required to show a government ID when casting a ballot. 70 percent of those responding in a 2014 Fox News Poll and 78 percent of those responding in a 2015 Rasmussen Reports survey support showing a government ID when voting. Although voter fraud is largely considered a myth, Americans have expressed respect for the concept that only citizens should be allowed to vote in elections. Even in Texas, a person can vote without an ID by obtaining an Election Identification Certificate at hundreds of locations.

Lastly, and most importantly, there is little disparity in the registration and turnout of black voters compared to white voters. The legislative intent of the Voting Rights Act in 1965 was to address barriers that black voters faced. Now, several Southern states have higher black turnout rates than white turnout rates. Many of these counties would not be covered today based on current registration and turnout levels. The systematic, official discrimination that bolstered Section 5 has significantly decreased. As Justice Clarence Thomas stated in the Court Opinion, “[a]dmitting that a prophylactic law as broad as Section 5 is no longer constitutionally justified based on current evidence …is not a sign of defeat. It is an acknowledgment of victory.”

Article Four, Section Four of the Constitution guarantees the procedural right of self-government for each State. The obstacles minority voters face today have developed, and an improved coverage formula is appropriate. Until a new coverage formula is approved, the States should be allowed to govern themselves.

Contact James Stephens at james214 ‘at’ stanford.edu.