ABSTRACT
In 1965, Congress passed the Voting Rights Act (VRA) to enforce and enhance the Fifteenth Amendment. A number of justices have vigorously dissented against the Shaw v. Reno and the Shelby County decisions. In particular, Justice Ginsburg’s approach to minority voting rights demonstrates an historical and nuanced understanding of the legislative intent for the VRA as well as the post-Civil War Fourteenth and Fifteenth Amendments. The Shelby County decision does not simply exemplify the Supreme Court’s narrow voting rights jurisprudence. It also weakens the VRA and federal protection of minority voting rights in the South and other problematic regions. Additional efforts to mitigate Shelby must include expanding ongoing voter education, registration, and turnout drives. This includes sustaining the high Black turnout seen in recent presidential elections, and increasing it in mid-term and primary elections.
