Wednesday, August 22, 2012

Alaska Challenges Preclearance Under the Voting Rights Act

Alaska became the latest state to lodge a constitutional challenge against Section 5 of the Voting Rights Act when it sued AG Eric Holder yesterday for declaratory and injunctive relief in the United States District Court for the District of Columbia.  It's not clear that the case will even make it out of the starting gate, though.  As we wrote here, the Shelby County case, also challenging Section 5 under the exact same theories, is almost surely going to the Supreme Court this Term.

The suit, State of Alaska v. Holder, takes on Section 5 both on its face and as applied to Alaska.  The allegations are simple and familiar: Congress exceeded its authority under the Fourteenth and Fifteenth Amendments in reauthorizing Sections 4 and 5 of the VRA; and the VRA violates the principle of "equal sovereignty" and the Tenth Amendment.

Alaska, a covered jurisdiction under Section 4 of the VRA, says that preclearance is a hassle and potentially interferes with its ability to run its elections.  The state cites DOJ's denial of preclearance earlier this year for a proposed new distribution scheme for the state's Spanish/Tagalog translation of its voter information pamphlet.  It also cites an eleventh-hour preclearance of a redistricting plan, arguing that any later decision by DOJ (either way) might have interfered with the state's primaries.

While this case is disconnected to those events, it probably doesn't matter for standing.  Judge Bates ruled in Shelby County that the County had standing based on its need, as a covered jurisdiction without the possibility of bailout, to prepare for preclearance--the time, expense, etc.  So too here.

But even so, the case is unlikely to move forward, given the near certainty that the Supreme Court will pick up Shelby County this Term.

SDS

http://lawprofessors.typepad.com/conlaw/2012/08/alaska-challenges-preclearance-under-the-voting-rights-act.html

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