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An American Problem: How the Country Built — and the Supreme Court Broke — the Voting Rights Act

An American Problem: How the Country Built — and the Supreme Court Broke — the Voting Rights Act

The Voting Rights Act of 1965 finally made good on the promise of the 15th Amendment, which nearly a century before had granted Black Americans the right to vote. The Voting Rights Act was the crowning achievement of the civil rights movement, which had battled for years against voting laws that made it all but impossible for Black Americans to cast a ballot.

The act was a resounding success, bringing Americans of all races and ethnicities into the democratic process. And then, in 2013, the Supreme Court brought this progress to a screeching halt with their decision in Shelby County v. Holder. In this book, Barnard College Professor Michael G. Miller and Brennan Center Senior Research Fellow Kevin T. Morris offer a sweeping history of the Voting Rights Act and the attacks it has suffered.

Miller and Morris explain that central to the act’s success was its requirement that states and localities with a history of discrimination get federal permission to change their voting rules — a novel approach known as “preclearance.” It was this requirement that the Shelby County decision eviscerated. Miller and Morris trace the devastating effect of Shelby County, using advanced research techniques to prove that the decision unleashed racially discriminatory voting policies.

The result is a nation in which Americans of color cast fewer ballots, and in which the ballots they do cast count for less. But the story does not end there: The Supreme Court continues to undermine what remains of the Voting Rights Act. What President Lyndon B. Johnson called “an American problem,” formerly kept in check by a strong federal law, once again threatens voting rights. The book will be published on October 6 by Princeton University Press.

“When gutting the Voting Rights Act, the Supreme Court has told one story. This book tells another—of the true fight for our most fundamental right and of the discriminatory forces that continue to weigh down our democracy.”

— Vanita Gupta, former associate attorney general

“Offers a deep understanding of today’s stresses on democracy by drilling into the story of America’s foundational freedom: the right to vote.”

— Congressman Chris Deluzio

“Miller and Morris brilliantly trace the rise and fall of Section 5 of the Voting Rights Act—and its consequences for American democracy. With a nuanced and detailed analysis of election policy and administrative changes since the Shelby decision, An American Problem is a must-read for scholars, practitioners, and anyone who cares about voting rights.”

— Jake Grumbach, University of California, Berkeley

“Miller and Morris, using hard data not hyperbole, demonstrate America’s backsliding on voting rights: why and how it happened, and what comes next. A readable but rigorous volume.”

— Richard L. Hasen, UCLA Law

“The Roberts court promised that gutting the Voting Rights Act wouldn’t harm minority voters. Miller and Morris prove how catastrophically wrong that was.”

— Ari Berman, author of Give Us the Ballot: The Modern Struggle for Voting Rights in America