Update: (6:43 p.m.) U.S. Attorney General Eric Holder’s speech Thursday mark the beginning of a new fight over the Voting Rights Act.
“It’s clear that Texas is the big test case for what may be a potentially broader effort to use the bail in mechanism to patch some of the damage caused by Supreme Court in Shelby v Holder into our voting rights regime," UT Law Professor Joseph Fishkin says.
Last month, the Supreme Court ruled Section 4 of the Voting Rights Act unconstitutional. It’s the formula that determines which states need federal approval to change their voting laws or practices. Without the formula, there are no guidelines to determine which jurisdictions need their voting laws and practices pre-approved. Now the federal government is arguing Texas requires pre approval under another provision—section three.