Case: Shelby County v. Holder

1:10-cv-00651 | U.S. District Court for the District of District of Columbia

Filed Date: April 27, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 27, 2010, Shelby County, Alabama, filed this lawsuit in the District Court of the District of Columbia, challenging the Voting Rights Act's preclearance provision, Section 5. The county sought declaratory and injunctive relief, arguing that the Voting Rights Act was unconstitutional in declaring Shelby County a "covered" jurisdiction and requiring that it obtain approval from the Department of Justice prior to implementing any voting changes. Following a decision in September of 2010 t…

Following a decision in September of 2010 that the United States could not conduct additional discovery regarding issues of standing and Section 4(a)'s bailout provision, 270 F.R.D. 16 (D.D.C. 2010), the District Court (Judge Bates) granted the Justice Department's motion for summary judgment and granted Shelby County's motion for summary judgement on September 21, 2011. 811 F.Supp.2d 242. The main issue was whether the Act's preclearance requirement constituted a "congruent and proportional" response to a real threat that states would violate minority voting rights. Judge Bates found the Act was indeed a "congruent and proportional remedy" to the 21st century problem of voting discrimination in covered jurisdictions.

On appeal, the D.C. Circuit Court of Appeals likewise held that the preclearance provisions of the Voting Rights Act fell within Congress' authority under the Fifteenth Amendment and that the disparate effect on different jurisdictions was sufficiently related to the targeted problem of voting discrimination to survive judicial review. 679 F.3d 848.

The Supreme Court granted certiorari, 133 S.Ct. 594, and on June 25, 2013, reversed. In a 5-4 opinion written by Chief Justice Roberts, the Court struck down Section 4 of the Voting Rights Act. It found that Section 4's formula, under which states and other jurisdictions needed preclearance, was unconstitutional. Shelby County v. Holder, 570 U.S. 529 (2013). The Court held that Section 4, while appropriate at the time it was passed, no longer provided an accurate list of jurisdictions that discriminated against minority voters. The formula at the time of the Act's passage, named as "covered" jurisdictions those states or political subdivisions that had maintained a test or device (like literacy and knowledge tests, good moral character requirements, etc.) as a prerequisite to voting as of November 1, 1964, and had less than 50 percent voter registration or turnout in the 1964 Presidential election. Subsequently, the trigger election was changed to 1972. The Court concluded Section 4 impermissibly violated the "equal sovereignty" of the states. The Court did not express its views on the constitutionality of Section 5, under a different coverage formula. Justice Ginsburg dissented (joined by three others), and Justice Thomas concurred to express his view that Section 5 was unconstitutional.

Without a coverage formula, the Act's preclearance regime is not operative. It remains technically possible for Congress to pass a new coverage formula.


1:10-cv-00651	Docket	July 12, 2012	July 12, 2012 Docket
1 1:10-cv-00651	Complaint for Declaratory and Injunctive Relief	April 27, 2010	April 27, 2010 Complaint
2 1:10-cv-00651	Notice of Designation of Related Civil Cases Pending In This or Any Other United States Court Shelby County v Holder	April 27, 2010	April 27, 2010 Other
5 1:10-cv-00651	Plaintiff's Motion for Summary Judgment Shelby County v Holder	June 8, 2010	June 8, 2010 Pleading / Motion / Brief
5-1 1:10-cv-00651	Plaintiff's Proposed Order [Granting Summary Judgment] Shelby County v Holder	June 8, 2010	June 8, 2010 Other
5-2 1:10-cv-00651	Declaration of Frank C. Ellis, Jr. ISO Motion for Summary Judgment Shelby County v Holder	June 8, 2010	June 8, 2010 Declaration/Affidavit
5-3 1:10-cv-00651	Exhibit A ISO Plaintiff's Motion for Summary Judgment Shelby County v Holder	June 8, 2010	June 8, 2010 Other
5-4 1:10-cv-00651	Exhibit B ISO Plaintiff's Motion for Summary Judgment Shelby County v Holder	June 8, 2010	June 8, 2010 Other
6 1:10-cv-00651	Motion of Earl Cunningham, Harry Jones, Albert Jones, Ernest Montgomery, Anthony Vines, and William Walker to Intervene as Defendants Shelby County v Holder	June 11, 2010	June 11, 2010 Pleading / Motion / Brief
6 1:10-cv-00651	Motion of Earl Cunningham, Harry Jones, Albert Jones, Ernest Montgomery, Anthony Vines, And William Walker to Intervene as Defendants Shelby County v Holder	June 11, 2010	June 11, 2010 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	April 27, 2010	COMPLAINT against ERIC H. HOLDER, JR ( Filing fee $ 350, receipt number 4616029261) filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 04/27/2010) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	April 27, 2010	NOTICE OF RELATED CASE by SHELBY COUNTY, ALABAMA. Case related to Case No. 10-561. (dr) (Entered: 04/27/2010)	Clearinghouse
	April 27, 2010	Summons Issued as to AUSA
	April 27, 2010	SUMMONS (2) Issued as to U.S. Attorney, and U.S. Attorney General (dr)
3	April 29, 2010	NOTICE of Appearance by Brendan J. Morrissey on behalf of SHELBY COUNTY, ALABAMA (Morrissey, Brendan) (Entered: 04/29/2010)	RECAP
4	April 30, 2010	NOTICE of Appearance by Thomas R. McCarthy on behalf of SHELBY COUNTY, ALABAMA (McCarthy, Thomas) (Entered: 04/30/2010)	RECAP
5	June 8, 2010	MOTION for Summary Judgment by SHELBY COUNTY, ALABAMA (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Declaration of Frank C. Ellis, Jr., # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B)(Consovoy, William) (Entered: 06/08/2010) 1 Text of Proposed Order Proposed Order View on RECAP 2 Declaration Declaration of Frank C. Ellis, Jr. View on RECAP 3 Exhibit Exhibit A View on RECAP 4 Exhibit Exhibit B View on RECAP	Clearinghouse
6	June 11, 2010	MOTION to Intervene by EARL CUNNINGHAM, HARRY JONES, ALBERT JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Attachments: # 1 Memorandum in Support, # 2 Proposed Responsive Pleading, # 3 Text of Proposed Order)(znmw, ) (Entered: 06/14/2010) 1 Memorandum in Support View on RECAP 2 Proposed Responsive Pleading View on RECAP 3 Text of Proposed Order View on RECAP	Clearinghouse
7	June 22, 2010	Memorandum in opposition to re 5 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR. (Attachments: # 1 Exhibit Declaration of Richard Dellheim, # 2 Exhibit December 1, 2006 Order, # 3 Exhibit March 16, 2007 Order, # 4 Text of Proposed Order)(Dellheim, Richard) (Entered: 06/22/2010) 1 Exhibit Declaration of Richard Dellheim View on RECAP 2 Exhibit December 1, 2006 Order View on RECAP 3 Exhibit March 16, 2007 Order View on RECAP 4 Text of Proposed Order View on RECAP	Clearinghouse
8	June 22, 2010	NOTICE of Appearance by Arthur B. Spitzer on behalf of BOBBY PIERSON, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, KENNETH DUKES, ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC. (znmw, ) Modified spelling on 7/2/2010 (znmw, ). (Entered: 06/23/2010)	RECAP
9	June 22, 2010	MOTION to Intervene as Defendants by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Attachments: # 1 Memorandum in Support, # 2 Proposed Responsive Pleading, # 3 Text of Proposed Order)(znmw, ) Modified spelling on 7/2/2010 (znmw, ). (Entered: 06/23/2010)	RECAP
10	June 23, 2010	NOTICE of filing of Certificate of Service by ERIC H. HOLDER, JR re 7 Memorandum in Opposition, (Dellheim, Richard) (Entered: 06/23/2010)	RECAP
11	June 24, 2010	RESPONSE re 9 MOTION to Intervene, 6 MOTION to Intervene filed by ERIC H. HOLDER, JR. (Attachments: # 1 Exhibit Unpublished Orders)(Dellheim, Richard) (Entered: 06/24/2010)	RECAP
12	June 25, 2010	Memorandum in opposition to re 9 MOTION to Intervene, 6 MOTION to Intervene filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Consovoy, William) (Entered: 06/25/2010)	RECAP
13	June 28, 2010	ANSWER to 1 Complaint by ERIC H. HOLDER, JR.(Dellheim, Richard) (Entered: 06/28/2010)	Clearinghouse
14	July 1, 2010	REPLY to opposition to motion re 5 MOTION for Summary Judgment filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order)(Consovoy, William) (Entered: 07/01/2010) 1 Text of Proposed Order View on PACER	Clearinghouse
18	July 1, 2010	MOTION to Intervene as a Defendant by BOBBY LEE HARRIS (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(dr) (Entered: 07/06/2010)	RECAP
19	July 1, 2010	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by BOBBY LEE HARRIS (dr) (Main Document 19 replaced on 7/6/2010) (dr). (Entered: 07/06/2010)	RECAP
15	July 2, 2010	APPLICANTS FOR INTERVENTION'S PROPOSED ANSWER to 1 Complaint by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON.(Spitzer, Arthur) Modified spelling on 7/2/2010 (znmw, ). (Entered: 07/02/2010)	Clearinghouse
16	July 2, 2010	REPLY to opposition to motion re 9 MOTION to Intervene filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON. (Spitzer, Arthur) Modified spelling on 7/2/2010 (znmw, ). (Entered: 07/02/2010)	RECAP
17	July 2, 2010	REPLY to opposition to motion re 6 MOTION to Intervene filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (Clarke, Kristen) (Entered: 07/02/2010)	RECAP
20	July 13, 2010	Memorandum in opposition to re 18 MOTION to Intervene filed by SHELBY COUNTY, ALABAMA. (Attachments: # 1 Text of Proposed Order)(Consovoy, William) (Entered: 07/13/2010)	RECAP
21	July 13, 2010	RESPONSE re 18 MOTION to Intervene filed by ERIC H. HOLDER, JR. (Attachments: # 1 Exhibit Unpublished orders)(Dellheim, Richard) (Entered: 07/13/2010)	RECAP
22	July 16, 2010	NOTICE of Appearance by Meredith E.B. Bell-Platts on behalf of ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON (Bell-Platts, Meredith) (Entered: 07/16/2010)	RECAP
23	July 21, 2010	REPLY to opposition to motion re 18 MOTION to Intervene filed by BOBBY LEE HARRIS. (znmw, ) (Entered: 07/21/2010)	RECAP
24	July 23, 2010	NOTICE of Appearance by Kristen M. Clarke on behalf of EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER (Clarke, Kristen) (Entered: 07/23/2010)	RECAP
25	July 27, 2010	ENTERED IN ERROR..... APPLICANTS FOR INTERVENTION'S ANSWER to 1 Complaint by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER.(Clarke, Kristen) Modified on 7/28/2010 (dr). (Entered: 07/27/2010)	RECAP
26	July 28, 2010	Applicants for Intervention's [PROPOSED] ANSWER to 1 Complaint by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER.(Clarke, Kristen) (Entered: 07/28/2010)	Clearinghouse
	July 28, 2010	NOTICE OF CORRECTED DOCKET ENTRY: re 25 Answer to Complaint was entered in error because filing was done prematurely. The Motion to Intervene has not been ruled on yet. (dr)
	July 28, 2010	Notice of Error
27	Aug. 24, 2010	NOTICE of Appearance by Justin S. Weinstein-Tull on behalf of ERIC H. HOLDER, JR (Weinstein-Tull, Justin) (Entered: 08/24/2010)	RECAP
28	Aug. 24, 2010	NOTICE of Appearance by Ernest Alan McFarland on behalf of ERIC H. HOLDER, JR (McFarland, Ernest) (Entered: 08/24/2010)	RECAP
29	Aug. 25, 2010	ORDER granting 6, 9, 18 the pending motions to intervene. See text of Order for details. Signed by Judge John D. Bates on 8/25/2010. (lcjdb1) (Entered: 08/25/2010)	Clearinghouse
30	Aug. 25, 2010	RESPONSE re 1 Complaint filed by EARL CUNNINGHAM, ALBERT JONES, HARRY JONES, ERNEST MONTGOMERY, ANTHONY VINES, WILLIAM WALKER. (dr) (Entered: 08/26/2010)	Clearinghouse
31	Aug. 25, 2010	RESPONSE re 1 Complaint filed by ALABAMA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., KENNETH DUKES, WILLIE GOLDSMITH, SR, MARY PAXTON-LEE, BOBBY PIERSON. (dr) (Entered: 08/26/2010)	Clearinghouse
32	Aug. 25, 2010	ANSWER to 1 Complaint by BOBBY LEE HARRIS.(dr) (Entered: 08/26/2010)	Clearinghouse
	Sept. 1, 2010	MINUTE ORDER: On the Court's own motion, and upon consideration of the entire record herein, it is hereby ORDERED that the Court will hold a status conference in this action on September 10, 2010, at 2:00 p.m. in Courtroom 8. Signed by Judge John D. Bates on 9/1/2010. (lcjdb1)
	Sept. 1, 2010	Order
33	Sept. 3, 2010	RESPONSE TO ORDER OF THE COURT re 29 Order on Motion to Intervene,,, Set/Reset Deadlines, Order, Set Hearings,, filed by ERIC H. HOLDER, JR. (McFarland, Ernest) (Entered: 09/03/2010)	RECAP
34	Sept. 3, 2010	RESPONSE TO ORDER OF THE COURT re 29 Order on Motion to Intervene,,, Set/Reset Deadlines filed by ERIC H. HOLDER, JR. (McFarland, Ernest) (Entered: 09/03/2010)	RECAP

Case: Shelby County v. Holder

1:10-cv-00651 | U.S. District Court for the District of District of Columbia

Case Summary

Related Cases

People

Documents in the Clearinghouse

Resources

Docket

Case Details