The Voting Rights Act: How Shelby County Gutted It, What Allen v. Milligan Restored, and Where Things Stand in 2026
Signed by President Johnson in 1965 to end systematic disenfranchisement of Black voters in the South
Signed by President Johnson in 1965 to end systematic disenfranchisement of Black voters in the South, the VRA's key enforcement tool — federal preclearance — was effectively shut down by the Supreme Court in 2013. A decade of post-Shelby voting restriction legislation followed. In 2023 the Court drew a line. Here is the current legal landscape.
VRA Structure: What Each Section Does
| Section | What It Does | Current Status |
|---|---|---|
| Section 2 | Prohibits any voting practice that discriminates by race or language; nationwide; requires litigation after-the-fact | Active; reaffirmed by Allen v. Milligan (2023) |
| Section 4(b) | Coverage formula that determined which jurisdictions needed preclearance | Struck down (Shelby County, 2013); not updated by Congress |
| Section 5 | Preclearance requirement for covered jurisdictions — changes to voting laws required DOJ/court approval first | Inoperable — no jurisdictions currently covered without Section 4(b) |
| Section 203 | Requires language assistance for voters with limited English proficiency in covered jurisdictions | Active; covers counties with significant non-English-speaking populations |
Why It Matters for 2026
The John Lewis Voting Rights Advancement Act would restore preclearance with a new, modernized coverage formula based on recent voting rights violations rather than the 1960s-era data the Supreme Court found outdated. It passed the House in 2019 and 2021 but died in the Senate due to the filibuster. Under Republican Senate control in 2025-26, there is no realistic path to enactment.
Following the 2030 census, redistricting battles will again test whether Section 2 requires majority-minority districts and how to define vote dilution. Allen v. Milligan gave civil rights groups a stronger litigation basis, but applying it to every state map requires expensive, time-consuming federal litigation. The 2026 elections use maps that were litigated under post-Shelby conditions.
The Trump DOJ reversed its stance in several pending VRA litigation cases — withdrawing objections to state voting laws that the Biden DOJ had challenged. The DOJ's voting rights section, historically the primary federal enforcer of the VRA, saw significant staffing changes. This shifts enforcement burden entirely to private civil rights organizations, which have more limited resources for litigation.
Frequently Asked Questions
What did Shelby County v. Holder do to the Voting Rights Act?
The Supreme Court's 2013 Shelby County decision struck down the formula that determined which states and counties needed federal preclearance before changing voting laws. Without that formula, Section 5's preclearance requirement became unenforceable. Within hours of the decision, several states moved forward with voter ID laws and other restrictions they had been unable to implement under preclearance. Congress has not updated the formula.
What did Allen v. Milligan decide?
In Allen v. Milligan (2023), the Supreme Court ruled 5-4 that Alabama's congressional map violated Section 2 of the VRA by failing to create a second majority-Black district in a state where Black voters comprise 27% of the population. Chief Justice Roberts joined the liberal justices. Alabama drew a remedial map. The case reaffirmed that Section 2 litigation remains a viable tool to challenge racial vote dilution in redistricting.
What is the current status of voting rights protections in 2025 and 2026?
Section 2 remains active but requires after-the-fact litigation rather than preclearance. The John Lewis Act has not passed. The Trump DOJ has reversed course on several pending VRA cases. Voting restriction laws enacted after Shelby County — voter ID requirements, reduced early voting, polling place closures — remain in effect in many states. Civil rights groups continue to litigate under Section 2, but litigation is slower and more expensive than preclearance.
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