Documenting Discrimination in Voting: Judicial Findings Under Section 2 of the Voting Rights Act Since 1982

130 Pages Posted: 13 Nov 2007

See all articles by Ellen D. Katz

Ellen D. Katz

University of Michigan Law School

Margaret Aisenbrey

University of Michigan at Ann Arbor

Anna Baldwin

Independent

Emma Cheuse

affiliation not provided to SSRN

Anna Weisbrodt

affiliation not provided to SSRN

Abstract

This paper examines 331 lawsuits, encompassing 763 decisions, that addressed claims under Section 2 of the Voting Rights Act since 1982. It finds that plaintiffs succeeded in 37% of these lawsuits, and that they were more likely to prevail in regions subject to the temporary provisions of the VRA (known as Section 5 or pre-clearance) than elsewhere. This study also documents the types of electoral practices challenged in Section 2 cases, and the extent to which courts hearing these cases documented any of the factors listed as probative in the Senate Report accompanying the 1982 amendments to Section 2 and those described by the Supreme Court in Thornburg v. Gingles.

Keywords: Voting Rights Act, minority voting rights, Election Law

Suggested Citation

Katz, Ellen and Aisenbrey, Margaret and Baldwin, Anna and Cheuse, Emma and Weisbrodt, Anna, Documenting Discrimination in Voting: Judicial Findings Under Section 2 of the Voting Rights Act Since 1982. University of Michigan Journal of Law Reform, Vol. 39, No. 4, 2006. Available at SSRN: https://ssrn.com/abstract=1029386

Ellen Katz (Contact Author)

University of Michigan Law School ( email )

625 South State Street
LR 960
Ann Arbor, MI 48109-1215
United States
734-647-6241 (Phone)

Margaret Aisenbrey

University of Michigan at Ann Arbor ( email )

500 S. State Street

Anna Baldwin

Independent ( email )

No Address Available

Emma Cheuse

affiliation not provided to SSRN ( email )

No Address Available

Anna Weisbrodt

affiliation not provided to SSRN ( email )

No Address Available

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