Supreme Court strikes down a central pillar of the Voting Rights Act
In a transformational ruling, the high court says a decades-old formula intended to protect vulnerable voters is now outdated


The Supreme Court on Tuesday struck down a key part of the 1965 Voting Rights Act, ruling that Section 4 of the law is unconstitutional.
In a 5-4 ruling, the court said that Section 4, which established a formula for determining which historically discriminatory jurisdictions needed Justice Department approval before changing their voting laws, was critical to protecting minority voters in the 1960s, but outdated today.
"Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions," Chief Justice John Roberts wrote in the majority opinion.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In the case, Shelby County v. Holder, the court did not, however, invalidate the entire act.
"Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2. We issue no holding on [Section] 5 itself, only on the coverage formula. Congress may draft another formula based on current conditions," the majority opinion reads.
Section 5 of the VRA required all state and local governments with a history of discriminating against voters — most of them in the South — to get "preclearance" from the Justice Department before making any changes to their voting laws, no matter how minor. That included changes like moving polling locations, redrawing districts, or imposing voting registration requirements.
The Justice Department exercised that power in the last election cycle to block voter ID laws in Texas and South Carolina.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
While the court said that preclearance in itself was constitutional, the Justices took issue with the formula, created under Section 4, that determined which states and municipalities should be subject to it. In his majority opinion, Roberts said census data showing that voter turnout among African Americans exceeded that of whites in some places proved that "the conditions that originally justified these measures no longer characterize voting in the covered jurisdictions."
The court made that point with the following chart, contained in the majority opinion, that compared voter registration numbers in the six states originally covered by the VRA:
Originally passed in 1965, the VRA is considered one of the most important pieces of civil rights legislation ever. Rep. John Lewis (D-Ga.), a former civil rights leader, expressed his disappointment with the the ruling.
Section 5 of the VRA was originally supposed to last just five years. Congress renewed it multiple times, most recently in 2006 when lawmakers extended it for another 25 years, but left the coverage formula untouched.
Although Tuesday's ruling in effect left the bulk of the VRA intact, as SCOTUSBlog's Amy Howe noted, "it will have no actual effect unless and until Congress can enact a new statute to determine who should be covered by it."
Roberts made that point as well, adding that "Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions."
Roberts was joined by Justices Scalia, Kennedy, Thomas, and Alito. Justices Ginsburg, Breyer, Sotomayor, and Kagan dissented.
In a strongly worded dissent, Ginsburg said Congress' power under the 14th and 15th Amendments to guard against voter discrimination deserved "substantial deference" from the court.
"Congress approached the 2006 reauthorization of the VRA with great care and seriousness," she wrote. "The same cannot be said of the Court's opinion today."
Jon Terbush is an associate editor at TheWeek.com covering politics, sports, and other things he finds interesting. He has previously written for Talking Points Memo, Raw Story, and Business Insider.
-
DVT: what to know about the blood clot plaguing NBA players
The Explainer Multiple players have been diagnosed with deep vein thrombosis over the past few months
By Theara Coleman, The Week US Published
-
Is Elon Musk's DOGE job coming to an end?
TODAY'S BIG QUESTION Plummeting popularity, a stinging electoral defeat, and Tesla's shrinking market share could be pulling the tech billionaire out of Trump's presidential orbit
By Rafi Schwartz, The Week US Published
-
What does Health and Human Services do?
The Explainer Cuts will 'dramatically alter' public health in America
By Joel Mathis, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published