Riley v. Kennedy Decided

February 21, 2008

Whether voting changes that result from a state court decision need to be precleared under Section 5 of the Voting Rights Act. DECIDED

Under Section 5 of the Voting Rights Act, covered jurisdictions, which includes Alabama in this case, need to preclear any voting changes with the Department of Justice. Alabama argues that this preclearance requirement does not apply to voting changes that result from state court decisions rather than executive or legislative action. The ACLU amicus brief demonstrates that the state's argument is inconsistent with the language and history of the Voting Rights Act, as well as the longtanding practice of the Justice Department.

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