Related Section 5 challenge filed by Shelby County, AL

April 27, 2010 − by CIR − in Blog, Case Updates − Comments Off on Related Section 5 challenge filed by Shelby County, AL

Shelby County, Alabama, today filed a challenge to the constitutionality of Section 5 of the Voting Rights Act and asked that it be deemed a “related case” to LaRoque v. Holder, CIR’s constitutional challenge filed on April 7. If deemed a “related case,” Shelby County v. Holder will be assigned to the same judge as LaRoque.

Both cases assert that Section 5’s preclearance procedures, as amended in 2006, are no longer an appropriate means to enforce nondiscrimination in the covered jurisdictions. LaRoque v. Holder also asserts that Section 5 favors certain racial groups at the expense of others in violation of the 5th, 14th and 15th Amendments. The filing of a second, related case enhances the prospects that the Supreme Court will resolve the overall constitutionality of Section 5. Shelby County is represented by the Washington, DC firm of Wiley Rein and supported by the Project on Fair Representation.

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