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 Court's 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: Today's 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 Crow's 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 Congress's 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 doesn't 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: Don't 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 (key to color coding)
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.