The Supreme Court’s ruling in Shelby County v. Holder, which disabled Section 5 of the Voting Rights Act, has led some advocates (including the White House) to argue that voting rights are in peril. But other experts say these fears are wildly overblown and that Shelby County confirms that circumstances have changed dramatically for the better. They argue that Section 5’s federal “preclearance” regime can no longer be justified given that the systematic disenfranchisement of the Jim Crow era has disappeared—racial disparities in voter registration and turnout are gone, especially in previously covered jurisdictions—and that we should focus on actual instances of racial discrimination (as well as election administration). After all, Sections 2 and 3 are still very much in place, although Section 2 has been interpreted to require racial gerrymandering in a way that benefits both major parties but harms American democracy. This panel will discuss the state of voting rights today, including the Justice Department’s enforcement actions, proposed legislation in Congress, voter-ID laws, felon voting, and related issues in the states.

This panel on “The Future of Voting Rights” was part of a day-long conference on Civil Rights in the United States held on September 9, 2014, and co-sponsored by the Federalist Society’s Civil Rights Practice Group, the Cato Institute, and the Heritage Foundation.

Featuring:

• Mr. David H. Gans, Director, Human Rights, Civil Rights, and Citizenship Program, Constitutional Accountability Center
• Mr. Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
• Mr. Hans A. von Spakovsky, Senior Legal Fellow and Manager, Civil Justice Reform Initiative, The Heritage Foundation
• Moderator: Mr. Michael Barone, Senior Political Analyst, the Washington Examiner