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32 Yale L. & Pol'y Rev. Inter Alia 1 (2013-2014)

handle is hein.journals/interal32 and id is 1 raw text is: YALE LAW & POLICY REVIEW INTER ALIA Preclearance Without Statutory Change: Bail-In Suits Post- Shelby County Michael Elemen t* INTRODUCTION In Shelby County, Alabama v. Holde? the Supreme Court found unconsti- tutional a key portion of the Voting Rights Act of 1965 (VRA or the Act).2 The Court struck down the VRA's coverage formula-located in § 4 of the Act. If a jurisdiction was covered under the formula, it was required to submit any voting law changes to the federal government for approval.' The formula itself relied on a jurisdiction's history of implementing tests for voting, discrim- ination against language minorities, and voter registration and turnout num- bers in elections prior to the Act's passage.' The Shelby County Court found the existing formula to be imprecise and out of date. Disappointment with the Court's decision quickly led to calls for reform. Some called for a constitutional amendment.6 Others pushed for statutory J.D. Catholic University of America, Columbus School of Law, Class of 2013. El- lement will serve as a law clerk to Judge Ivan L.R. Lemelle of the United States District Court for the Eastern District of Louisiana during the 2013 term. Special thanks to the staff of Inter Alia for their comments and edits throughout the pro- cess. 1. 570 U.S. _, 133 S. Ct. 2612 (June 25, 2013). Slip opinion available at http://www .supremecourt.gov/opinions/12pdf/12-96_6k47.pdf. 2. Codified at 42 U.S.C. § 1973 et seq. (2006), available at http://www.gpo.gov/fdsys/ pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap20-subchapl-A- secl973.pdf. 3. Id. § 1973c (a), available at http://www.gpo.gov/fdsys/pkg/USCODE-20 10-title42/ pdf/USCODE-2010-title42-chap2O-subchapl-A-secl973c.pdf. 4. Id. § 1973b (b), available at http://docs.uscode.justia.com/2010/title42 /USCODE- 2010-title42/pdf/USCODE-2010-title42-chap2O-subchapl-A-secl973b.pdf. 5. Shelby Cnty., slip op. at 17-18. 6. John Nichols, SCOTUS Voting Rights Act Decision Means We Need Right To Vote Amendment, NATION (June 25, 2013, 11:13 AM), http://www.thenation.co m/blog/ 174968/scotus-voting-rights-act-decision-means-we-need-amend-constit ution#.

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