Abstract

http://ssrn.com/abstract=2361495
 


 



Unteachable: Shelby County, Canonical Apostasies, and Ways Forward for the Voting Rights Act


Kareem U. Crayton


University of North Carolina (UNC) at Chapel Hill - School of Law

Terry Smith


DePaul College of Law

March 31, 2014


Abstract:     
In this paper, we analyze the Supreme Court's decision in Shelby County, Alabama v. Holder, which declared unconstitutional the coverage formula for Section 5 preclearance. We conclude that Shelby County is a radical departure not only from the Supreme Court's Voting Rights Act jurisprudence but also from canons of statutory construction more generally. While the Court's decision has adverse implications for both separation of powers doctrine and minority voting rights, the authors propose an expeditious fix to the coverage formula that would likely pass constitutional muster.

Number of Pages in PDF File: 72

Keywords: Voting Rights Act, Statutory Interpretation, Separation of Powers

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Date posted: November 30, 2013 ; Last revised: May 2, 2014

Suggested Citation

Crayton, Kareem U. and Smith, Terry, Unteachable: Shelby County, Canonical Apostasies, and Ways Forward for the Voting Rights Act (March 31, 2014). Available at SSRN: http://ssrn.com/abstract=2361495 or http://dx.doi.org/10.2139/ssrn.2361495

Contact Information

Kareem U. Crayton
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

Terry Smith (Contact Author)
DePaul College of Law ( email )
25 E. Jackson Blvd.
Chicago, IL 60604
United States
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