How Shelby County v. Holder Weakened Voting Rights
In 2013, the Supreme Court made a decision that changed American elections forever. Shelby County v. Holder struck down a key part of the Voting Rights Act (VRA), a law that had protected Black and minority voters from discrimination since the 1960s. This ruling made it easier for states to pass restrictive voting laws, deepened political division, and strengthened corporate influence over elections.
A Brief History: Why the Voting Rights Act Mattered
For nearly a century after the Civil War, Southern states used racist laws and intimidation to keep Black Americans from voting. Poll taxes, literacy tests, and outright violence were common. The Civil Rights Movement of the 1950s and ’60s fought to change this, leading to the passage of the Voting Rights Act of 1965.
The VRA banned discriminatory voting practices and required certain states with a history of racial discrimination—mostly in the South—to get federal approval before changing their voting laws. This process, called preclearance, ensured that new laws wouldn’t suppress Black and minority voters. It was one of the most effective civil rights laws in U.S. history.
What Shelby County v. Holder Did
In 2013, the Supreme Court ruled that the formula used to determine which states needed preclearance was outdated and no longer necessary. The Court claimed that racism in voting had improved enough that federal oversight was no longer justified.
But as soon as the ruling came down, states rushed to pass new voting restrictions:
• Texas enacted a strict voter ID law the same day the decision was announced.
• North Carolina passed a law that cut early voting, eliminated same-day registration, and made it harder to vote in Black communities.
• Other states closed polling places in minority neighborhoods, purged voter rolls, and made it more difficult to vote by mail.
These laws were justified as efforts to prevent voter fraud, but study after study has shown that widespread voter fraud is a myth. The real effect of these laws was to make voting harder for minorities, the elderly, and low-income Americans.
How It Further Divided America
After Shelby, the fight over voting rights exploded. One side argued these new laws were needed to protect election security. The other pointed out that these laws targeted Black and Latino voters, rolling back hard-won civil rights.
This battle over voting access fueled even more division, with Republican-led states passing stricter laws while Democrats pushed for federal protections. Meanwhile, misinformation about voter fraud spread, leading to increased distrust in elections—especially after 2020, when false claims of fraud were used to justify even more restrictions.
How Corporations Gained More Power
When fewer people vote, big money has more influence. The same Supreme Court that decided Shelby also ruled in Citizens United v. FEC (2010), which allowed corporations and billionaires to spend unlimited money on elections. Together, these decisions gave wealthy donors more control while making it harder for everyday Americans—especially marginalized communities—to push back through voting.
Can We Fix This?
The fight for voting rights continues. Some lawmakers and activists are pushing for:
• Restoring preclearance, so states with a history of discrimination can’t pass unfair voting laws without federal review.
• Expanding early voting and vote-by-mail to make voting easier for everyone.
• Stopping voter purges and restrictive ID laws that unfairly target minorities and the poor.
Voting is the foundation of democracy. When access to the ballot box is limited, so is the power of the people. If we want a system that represents everyone—not just the wealthy and powerful—we must protect the right to vote for all Americans.