The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting

A key provision of the Voting Rights Act was rendered ineffective by the U.S. Supreme Court in a 5 to 4 decision in 2013. The provision, focused primarily on governments in the South, required them to gain federal “preclearance” for changes in their election arrangements before they could be impleme...

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Autor principal: Richard L. Engstrom
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Publicado: Association Française d'Etudes Américaines 2015
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Acceso en línea:https://doaj.org/article/ea20bc29f13e4d31a82e940e8a743c28
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spelling oai:doaj.org-article:ea20bc29f13e4d31a82e940e8a743c282021-12-02T10:15:48ZThe Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting1765-276610.4000/transatlantica.7427https://doaj.org/article/ea20bc29f13e4d31a82e940e8a743c282015-04-01T00:00:00Zhttp://journals.openedition.org/transatlantica/7427https://doaj.org/toc/1765-2766A key provision of the Voting Rights Act was rendered ineffective by the U.S. Supreme Court in a 5 to 4 decision in 2013. The provision, focused primarily on governments in the South, required them to gain federal “preclearance” for changes in their election arrangements before they could be implemented. Preclearance was designed to block retrogressive changes. In the latest renewal of that provision, in 2006, Congress identified the problem of minority vote dilution as the major reason preclearance needed to be continued. It further found that protected minorities were vulnerable to dilutive elective schemes because of the pervasive presence of racially polarized voting (RPV) in those jurisdictions. This essay examines the extensive evidence of RPV relied upon by Congress but ignored by the Court majority and also the legal import of this evidence as identified in numerous briefs before the Court, also ignored by the majority.Richard L. EngstromAssociation Française d'Etudes AméricainesarticleHistory AmericaE-FAmericaE11-143ENFRTransatlantica : Revue d'Études Américaines, Vol 1 (2015)
institution DOAJ
collection DOAJ
language EN
FR
topic History America
E-F
America
E11-143
spellingShingle History America
E-F
America
E11-143
Richard L. Engstrom
The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting
description A key provision of the Voting Rights Act was rendered ineffective by the U.S. Supreme Court in a 5 to 4 decision in 2013. The provision, focused primarily on governments in the South, required them to gain federal “preclearance” for changes in their election arrangements before they could be implemented. Preclearance was designed to block retrogressive changes. In the latest renewal of that provision, in 2006, Congress identified the problem of minority vote dilution as the major reason preclearance needed to be continued. It further found that protected minorities were vulnerable to dilutive elective schemes because of the pervasive presence of racially polarized voting (RPV) in those jurisdictions. This essay examines the extensive evidence of RPV relied upon by Congress but ignored by the Court majority and also the legal import of this evidence as identified in numerous briefs before the Court, also ignored by the majority.
format article
author Richard L. Engstrom
author_facet Richard L. Engstrom
author_sort Richard L. Engstrom
title The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting
title_short The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting
title_full The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting
title_fullStr The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting
title_full_unstemmed The Elephant in the Room: NAMUDNO, Shelby County, and Racially Polarized Voting
title_sort elephant in the room: namudno, shelby county, and racially polarized voting
publisher Association Française d'Etudes Américaines
publishDate 2015
url https://doaj.org/article/ea20bc29f13e4d31a82e940e8a743c28
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