Even after Shelby County v. Holder (2013) dismantled Section 5 preclearance, the Voting Rights Act of 1965 (VRA) remains a powerful federal tool for challenging discriminatory voting practices — and the DOJ still uses it, though its reach is narrower.
Why the DOJ Can Still Use the VRA
- Section 2 remains in force: Section 2 prohibits voting practices or procedures (including redistricting plans and voter registration systems) that discriminate on the basis of race, color, or language minority status, whether intentionally or as a result of discriminatory effect
- Nationwide application: Unlike Section 5, Section 2 applies everywhere, so the DOJ can litigate in any state or territory
- Enforcement tools: The DOJ can bring federal lawsuits, seek injunctions, and work with federal courts to block or alter laws that dilute minority voting power
- Recent DOJ actions: The DOJ has won cases like United States v. State of Alabama, where a preliminary injunction halted a voter removal program after a Section 2 challenge
What Part of the Weakened VRA Still Allows Federal Intervention
- Section 2 litigation: This is the core remaining federal enforcement mechanism. It can be used to block laws or maps that show racial vote dilution or discriminatory intent
- Federal court injunctions: Courts can issue temporary or permanent injunctions under Section 2, stopping harmful laws from taking effect while litigation proceeds
- DOJ as lead plaintiff: In some cases, the DOJ is the only entity allowed to sue under Section 2, giving it significant leverage
How Advocates and Lawyers Can Use These Tools
- File Section 2 lawsuits: Even without preclearance, plaintiffs can challenge laws or maps that have a discriminatory effect or intent. This is the most direct way to block restrictive measures.
- Seek injunctions: Use federal courts to get immediate relief before elections or before laws take effect.
- Target high-impact jurisdictions: Focus on states or counties with histories of discrimination, where Section 2 claims are more likely to succeed.
- Coalition litigation: Partner with civil rights groups to pool resources and expertise.
- Monitor DOJ enforcement: Track DOJ actions to identify patterns and opportunities for coordinated legal challenges.
- Leverage recent DOJ wins: Use cases like Alabama to build legal arguments and public support.
Bottom line: The DOJ can still use the VRA because Section 2 remains a live, nationwide prohibition on discriminatory voting practices. Advocates can use this by litigating under Section 2, seeking injunctions, and focusing on jurisdictions where the law’s reach is strongest — even if the Act’s preventive preclearance power is gone.
Source: govfacts.org, peopleslawreview.com, factually.co ,
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