The ABA brief in Shelby County v. Holder says that “litigation alone” under the act’s Section 2 “would not be an adequate and sufficient remedy for voting discrimination” in covered jurisdictions with a past history of racial discrimination in voting. The act’s Section 5 bars such jurisdictions from making changes in election laws without first getting approval of the Justice Department or a three-judge federal court in Washington.
“Voting rights litigation under Section 2, as many ABA members know from front line experience, is extremely complex and costly,” the brief observes. “During the several years it regularly takes to litigate a Section 2 case, officials who were elected under an improper election regime continue to hold office, implement policies, and make a wide variety of decisions that remain in effect, often long after the election process that brought them to power is found to be discriminatory.”
The brief states that the “time, cost and complexity of prosecuting a Section 2 case cause significant on-going harms that could be minimized by Section 5 preclearance but often cannot be remedied after-the-fact.”
With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
Please click here for a biography and photo of Laurel G. Bellows, president of the American Bar Association.