SCOTUS Nixes Nix

Not a big surprise: the Supreme Court, after agreeing to hear the Shelby County case last week raising the question of the Voting Rights Act section 5’s continuing constitutionality, denied cert. today in Nix v. Holder, raising similar issues.  There was a big mootness question hanging over the case (the DOJ belatedly granted preclearance in this case), so it was not as good a vehicle as Shelby County to decide the constitutional question.  The facts of the Nix case, however, were somewhat more compelling for plaintiffs than the Shelby County case, and for this reason I think many opponents of section 5 wanted Nix consolidated with Shelby County.

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