Document Type

Article

Publication Date

2015

Abstract

Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the Constitution itself. The litigation that followed produced a select number of pro-plaintiff rulings, all of which have now been stayed or overruled by higher courts. The Supreme Court has yet to rule decisively, but its rulings to date portend a rough road ahead for the voting plaintiffs.


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