Shelby County v. Holder Oral Argument
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The U.S. Supreme Court heard oral arguments in Shelby County v. Holder, docket 12-96. The case concerns Congress' 2006 re-authorization of S… read more
The U.S. Supreme Court heard oral arguments in Shelby County v. Holder, docket 12-96. The case concerns Congress' 2006 re-authorization of Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act, and whether Congress exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution. Section 5 of the Voting Rights Act says that states and localities with a history of disenfranchising minorities, mainly in the South, must get federal approval before changing their voting procedures. Justice Scalia stated that congressional support for the Voting Rights Act is due to the “perpetuation of racial entitlement.” He then went on to say, “Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes.”
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