The Voting Rights Act (VRA) of 1965 has been significantly weakened by recent Supreme Court decisions and is facing ongoing legal challenges. A major provision was eliminated in 2013, and recent lower court rulings have further limited its enforcement. This erosion has led to a rise in restrictive voting laws in several states. 

Key Supreme Court decisions

  • Shelby County v. Holder (2013): This ruling eliminated the "preclearance" requirement, a key enforcement mechanism of the VRA.

    • What it did: Struck down the formula used to determine which states with a history of discrimination had to get federal approval for new voting laws.

    • Impact: Within hours of the ruling, some states began implementing restrictive voting laws that had previously been blocked.

  • Brnovich v. Democratic National Committee (2021): The Court introduced new, vague "guideposts" that made it more difficult to prove racial discrimination in voting cases under Section 2 of the VRA.

  • Allen v. Milligan (2023): In a surprise ruling, the Court upheld Section 2 of the VRA in a case regarding racial gerrymandering in Alabama. However, the victory was seen by many as a temporary reprieve rather than a change in the overall trend. 

Ongoing legal challenges

  • Private right of action: A controversial ruling by the 8th U.S. Circuit Court of Appeals held that private individuals and groups, like the NAACP, could not sue to enforce Section 2 of the VRA.

    • Current status: In July 2025, the Supreme Court paused this lower court ruling, preventing it from taking effect in seven states for now. The Court has yet to decide whether to hear the full case.

  • Louisiana v. Callais: In this ongoing case, the Supreme Court is considering a challenge to a Louisiana congressional district drawn to ensure fair representation for Black voters. Some observers are concerned the Court may use the case to further limit Section 2. 

Efforts to restore the VRA

  • John R. Lewis Voting Rights Advancement Act: This legislation, introduced in Congress in 2021 and reintroduced in 2023, aimed to restore the VRA's protections.

    • Status: It passed the House but was ultimately blocked in the Senate. 

Learn more at lwv.org