Shelby County v. Holder
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-96 | D.C. Cir. | Feb 27, 2013 | Jun 25, 2013 | 5-4 | Roberts | OT 2012 |
Holding: Section 4 of the Voting Rights Act is unconstitutional; its formula can no longer be used as a basis for subjecting jurisdictions to preclearance.
Judgment: Reversed, 5-4, in an opinion by Chief Justice Roberts on June 25, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor and Justice Kagan joined.
SCOTUSblog Coverage
- Legal scholarship highlight: How should the Court assess the workings of the other institutions of government? (Richard Pildes, May 20, 2014)
- After Shelby County (Kali Borkoski, November 4, 2013)
- Texas fights new voting supervision (Lyle Denniston, August 6, 2013)
- Key date for test of voting law's preclearance requirement (Lyle Denniston, July 18, 2013)
- New Texas voting disputes (Lyle Denniston, July 3, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Dissenting from the bench (Stephen Wermiel, July 2, 2013)
- A view from Alabama (John Neiman, June 28, 2013)
- Shadowboxing and unintended consequences (Justin Levitt, June 26, 2013)
- How big is Shelby County? (Ellen D. Katz, June 25, 2013)
- Details on Shelby County v. Holder: In Plain English (Amy Howe, June 25, 2013)
- Opinion recap: Voting law in deep peril (Lyle Denniston, June 25, 2013)
- Shelby Commentary: What does the Courts decision mean? (Richard Pildes, June 25, 2013)
- A "view" from the Court: June 25, 2013 (Mark Walsh, June 25, 2013)
- We gave you a chance: Todays Shelby County decision in Plain English (Amy Howe, June 25, 2013)
- The Court meant what it said in Northwest Austin (Jeffrey Harris, June 25, 2013)
- The curious disappearance of Boerne and the future jurisprudence of voting rights and race (Richard Hasen, June 25, 2013)
- Supreme Court recognizes Jim Crows demise, restores constitutional order (Ilya Shapiro, June 25, 2013)
- Future of voting rights up in the air: In Plain English (Amy Howe, June 7, 2013)
- Will Section 5 survive? The Shelby v. Holder argument in Plain English (with audio) (Amy Howe, March 7, 2013)
- Shelby County v. Holder: The original understanding of Congresss enforcement powers (Carl Cecere, March 1, 2013)
- Post-argument commentary: Dismissing deference (Ellen D. Katz, February 28, 2013)
- Academic highlight: Amar on the constitutionality of the Voting Rights Act (Amanda Frost, February 28, 2013)
- Afternoon round-up: Shelby County v. Holder (Kali Borkoski, February 27, 2013)
- Post-argument commentary: Voting rights are an American entitlement (Elizabeth Wydra, February 27, 2013)
- Argument recap: Voting law in peril -- maybe (Lyle Denniston, February 27, 2013)
- Argument preview: The Court's options on voting rights (Lyle Denniston, February 26, 2013)
- Court to return to constitutionality of Voting Rights Act: In Plain English (Amy Howe, February 25, 2013)
- Shelby County v. HolderThe ineffective scattershot defense of Section 5 (Hashim Mooppan, February 19, 2013)
- Shelby County v. Holder: The Voting Rights Act doesnt need to treat states equally (Zachary Price, February 16, 2013)
- Shelby County v. Holder: The Shelby County Section 5 showdown (Hans von Spakovsky, February 15, 2013)
- Shelby County v. Holder: Preclearance may be a blunt instrument, but bailout is a sharpening stone (Ryan Emenaker, February 13, 2013)
- Shelby County v. Holder: Dont forget the Elections Clause (Daniel Tokaji, February 13, 2013)
- Shelby County v. Holder: Latino voters need Section 5 today more than ever (Nina Perales, February 12, 2013)
- Shelby County v. Holder: Bad behavior by DOJ contributes to the fall of Section 5 (Christian Adams, February 12, 2013)
- Shelby County v. Holder: Forget the coverage formula, what about the effects test? (Joshua Thompson, February 12, 2013)
- Shelby County v. Holder: Reasons to believe (Michael Pitts, February 11, 2013)
- Voting rights case: Made simple (Lyle Denniston, February 8, 2013)
- Online symposium announcement: Shelby County v. Holder (Kali Borkoski, February 7, 2013)
- Speedy appeal on voter ID law (UPDATED) (Lyle Denniston, December 18, 2012)
- Court to rule on voting rights law, DNA case (FINAL UPDATE) (Lyle Denniston, November 9, 2012)
- Petition of the day (Ben Cheng, October 16, 2012)
- Voting rights cases: Made simple (Lyle Denniston, September 7, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/20/2012 | Petition for a writ of certiorari filed. (Response due August 23, 2012) |
| 08/07/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 08/08/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/15/2012 | Order extending time to file response to petition to and including September 24, 2012. |
| 08/20/2012 | Brief amicus curiae of Cato Institute filed. VIDED. |
| 08/23/2012 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 08/23/2012 | Brief amici curiae of Former Department of Justice Officials filed. |
| 08/23/2012 | Brief amici curiae of Arizona, et al. filed. |
| 08/23/2012 | Brief amicus curiae of Alaska filed. |
| 08/23/2012 | Brief amicus curiae of National Black Chamber of Commerce filed. |
| 08/23/2012 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 09/24/2012 | Brief of respondents Eric H. Holder, Jr., Attorney General in opposition filed. |
| 09/24/2012 | Brief of Respondents-Intervenors in opposition filed. |
| 10/09/2012 | Reply of petitioner Shelby County, Alabama filed. (Distributed) |
| 10/10/2012 | DISTRIBUTED for Conference of October 26, 2012. |
| 10/26/2012 | Record Requested . |
| 10/29/2012 | DISTRIBUTED for Conference of November 2, 2012. |
| 10/29/2012 | Record received from the United States Court of Appeals for the District of Columbia (one box). |
| 10/29/2012 | Record received from the U.S. District Court for the District of Columbia (two boxes). |
| 11/05/2012 | DISTRIBUTED for Conference of November 9, 2012. |
| 11/09/2012 | Petition GRANTED limited to the following Question: Whether Congress |
| 11/15/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 11/21/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 11/30/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel on behalf of all respondents-intervenors. |
| 12/18/2012 | SET FOR ARGUMENT ON Wednesday, February 27, 2013 |
| 12/26/2012 | Joint appendix filed. (Statement of costs filed.) |
| 12/26/2012 | Brief of petitioner Shelby County, Alabama filed. |
| 12/27/2012 | Brief amici curiae of John Nix, et al. filed. |
| 12/28/2012 | Brief amicus curiae of Judicial Education Project filed. |
| 12/28/2012 | Brief amicus curiae of Justice and Freedom Fund filed. |
| 12/28/2012 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 01/02/2013 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 01/02/2013 | Brief amicus curiae of National Black Chamber of Commerce filed. |
| 01/02/2013 | Brief amici curiae of Arizona, et al. filed. |
| 01/02/2013 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 01/02/2013 | Brief amicus curiae of Landmark Legal Foundation filed. |
| 01/02/2013 | Brief amici curiae of Former Government Officials filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Reason Foundation filed. (Distributed) |
| 01/02/2013 | Brief amici curiae of Abraham Lincoln Foundation for Public Policy Research, Inc., et al. filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Texas filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Project 21 filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Alabama filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Merced County, California, in support of no party filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of Alaska filed. (Distributed) |
| 01/02/2013 | Brief amicus curiae of American Unity Legal Defense Fund filed. |
| 01/02/2013 | Request from counsel for amicus curiae Merced County to lodge non-record materials cited in its brief. |
| 01/04/2013 | CIRCULATED. |
| 01/23/2013 | Brief amici curiae of Professor Broussard, Named Students, and Organizations filed. |
| 01/25/2013 | Brief of respondent-intervenors Earl Cunningham, et al. filed. (Distributed) |
| 01/25/2013 | Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed) |
| 01/25/2013 | Brief of respondent Respondent-Intervenor Bobby Lee Harris filed. (Distributed) |
| 01/25/2013 | Brief of respondents Respondent-Intervenors Bobby Pierson, et al. filed. (Distributed) |
| 01/29/2013 | Record received from the U.S.C.A. for the District of Columbia Circuit. (1 Box) |
| 01/30/2013 | Motion for divided argument filed by respondents Bobby Pierson, et al. |
| 01/31/2013 | Brief amicus curiae of National Bar Association filed. (Distributed) |
| 01/31/2013 | Brief amicus curiae of Hon. Congressman John Lewis filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Reps. F. James Sensenbrenner, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Dick Thornburgh, et al. filed. (Distributed) |
| 02/01/2013 | Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. (Distributed) |
| 02/01/2013 | Brief amicus curiae of Senate Majority Leader Harry M. Reid filed. (Distributed) |
| 02/01/2013 | Brief amicus curiae of Veterans of the Mississippi Civil Rights Movement, Inc. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Gabriel Chin, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Constitutional Law Scholars, and Constitutional Accountability Center filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Professors Richard L. Engstrom, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of The Leadership Conference on Civil and Human Rights and The Leadership Conference Education Fund, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Marcia L. Fudge, member of Congress and Chair of the Congressional Black Caucus, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Political Science and Law professors filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Jurisdictions that have bailed out filed. (Distributed) |
| 02/01/2013 | Brief amicus curiae of National Lawyers Guild filed. (Distributed) |
| 02/01/2013 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of National Latino Organizations filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Section 5 litigation intervenors filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Alabama legislative black caucus and Alabama Association of Black County Officials filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of New York, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Senator C. Bradley Hutto, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Navajo Nation, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Joaquin Avila, et al. filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Asian American public interest groups filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Historians and Social Scientists filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Ellen D. Katz and the Voting Rights Initiative filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of Alaska Federation of Natives, Alaska Native Voters and Tribes filed. (Distributed) |
| 02/01/2013 | Brief amici curiae of City of New York, et al. filed. (Distributed). |
| 02/15/2013 | Motion for divided argument filed by respondents Bobby Pierson, et al. GRANTED. |
| 02/19/2013 | Reply of petitioner Shelby County, Alabama filed. (Distributed) |
| 02/27/2013 | Argued. For petitioner: Bert W. Rein, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents Bobby Pierson, et al.: Debo P. Adegbile, New York, N. Y. |
| 06/25/2013 | Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. |
| 07/29/2013 | JUDGMENT ISSUED. |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to Representative F. James Sensenbrenner et al., who filed anamicus“brief in support of the respondent in this case.
Holding: Section 4 of the Voting Rights Act is unconstitutional; its formula can no longer be used as a basis for subjecting jurisdictions to preclearance.
Judgment:”Reversed, 5-4, in an opinion by Chief Justice Roberts on June 25, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor and Justice Kagan joined.