The Strategic Disembodiment of the Voting Rights Act

The Voting Rights Act of 1965 (VRA) is facing the impending threat of obsolescence after both the Louisiana (2026) v. Callais and Shelby County v. Holder (2013) rulings left two of the most important provisions of the act as dead as disco. 

The 15th Amendment of the United States Constitution sought to prohibit the denial of voters on the basis of their color and race. Ratified in 1870, the Amendment was not effective against loopholes like the literacy tests and “grandfather clauses” that prevented minorities from voting across America. About a century after the 15th Amendment was passed, The Voting Rights Act of 1965 was enacted by President Lyndon B. Johnson (LBJ) to close the loopholes of the 15th Amendment. 

LBJ implemented the VRA due to various racist standards in America that would prevent minorities from safely voting. The VRA is largely responsible for the voter registration gap between White and Black voters to shrink from 30% in the 1960s to 8% a decade later. A key aspect of the VRA is Section 2, which prohibits states from using any procedures that deny voting rights based on race, color, or membership in a language minority group. Violations can be established from discriminatory intent or effect. Historically, Section 2 defends against the redistricting of electoral boundaries that weaken the voting power and political influence of minorities. Another significant aspect of the VRA are Sections 4 and 5. The 4th Section was formed to establish a statistical formula that identifies jurisdictions that were likely to use loopholes to circumvent the 15th Amendment's intended purpose. Section 5 requires that the jurisdictions flagged in Section 4 need preclearance before changing voting standards from either the U.S. Attorney General or the U.S. District Court for the District of Columbia. 

The untimely corrosion of the VRA can be traced back to 2013 where Sections 4 and 5 were both altered by the results of Shelby County v. Holder (2013). Alabama's Shelby County pleaded that Section 4 was unconstitutional and caught enough traction to reach the Supreme Court. The high court decided that the formula in Section 4 was outdated, leaving Section 5 inoperable until Congress applies a new formula, which has yet to be done. Louisiana v. Callais (2026) outlined a new way for racially discriminatory maps to be drawn. This ruling gives local governments the authority to gerrymander on the basis of partisan gain, severely weakening Section 2 of the VRA. 

​To improve the current conditions of the VRA, Congress must construct a modernized preclearance formula, one engineered to withstand judicial challenges. Furthermore, the most optimal way to ensure the voices of America’s minorities are heard is through unyielding pressure on our representatives. By matching our observation of injustice with our ballots, we can hold elected officials directly accountable, making it unmistakably clear who is actively working to revive the VRA, and who is content to let it die. 

Written By: London Green


https://www.brennancenter.org/our-work/research-reports/voting-rights-act-explained https://www.brennancenter.org/our-work/analysis-opinion/brennan-center-reacts-devastating-louisiana-v-callais-ruling https://www.congress.gov/crs-product/IF12284