The Federalist Society

Shelby County v. Holder - Post-Decision SCOTUScast

SCOTUScast 7-8-13 featuring Abigail Thernstrom

July 8, 2013

Abigail Thernstrom

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

Shelby County v. Holder - Post-Decision SCOTUScast - MP3
Running Time: 00:12:55

Abigail ThernstromOn June 25, 2013, the Supreme Court announced its decision in Shelby County v. Holder. The question in this case was whether Congress’s 2006 decision to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution.

In an opinion delivered by Chief Justice Roberts, the Court held by a vote of 5-4 that Section 4 of the Voting Rights act is unconstitutional, and therefore cannot be used to subject jurisdictions to preclearance requirements. Justices Scalia, Kennedy, Thomas and Alito joined the majority opinion. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer, Sotomayor and Kagan.

To discuss the case, we have Abigail Thernstrom, who is the vice-chair of the U.S. Commission on Civil Rights and an adjunct scholar at the American Enterprise Institute.

[Return to the SCOTUScast menu]  

Related Links

Abigail Thernstrom's SCOTUSblog post on Shelby County v. Holder, February 28th, 2013
Shelby County v. Holder - Post-Argument SCOTUScast
Opinion - June 25, 2013 (PDF)
Oral Argument Transcript - February 27, 2013 (PDF)


The Federalist Society