April 29, 2009 2:10PM # NAMUDNO v. Holder Update By [Ilya Shapiro](https://www.cato.org/people/ilya-shapiro) --- SHARE *Editor’s Note: Cato scholar [Ilya Shapiro](https://www.cato.org/people/ilya-shapiro) is blogging about the [NAMUDNO v. Holder](https://www.cato.org/2009/04/29/blogging-from-the-supreme-court-namudno-v-holder/) case from the Supreme Court, and will provide dispatches throughout the Court’s session.* As I walk away from the Court, with the sounds of the NAACP rally fading in the distance, I’m no clearer on how this case will be resolved than when I went into the building early this morning. This uncertainty mostly results from the rather technical issues surrounding the Voting Rights Act’s “bailout” provision, as well as how narrowly the Court will want to construe the municipal utility’s challenge (as-applied, facial, or some other novel formulation). What is clear is that the “liberal” justices, especially Ginsburg and Breyer, were downright hostile to the idea of curtailing federal supervision of state voting practices, while the “conservative” justices (not including Thomas, who was characteristically silent) found disingenuous assertions that VRA violations were systemic, or any more pervasive in the covered (mostly southern) jurisdictions than in non-covered ones. Justice Kennedy sided strongly with the latter group, but, again, that may not mean much for the final contours of the Court’s decision. However the case comes out, it is important to remember that even a complete striking of Section 5 does not leave voters who have been discriminated against without recourse in federal court; Section 2 has and will continue to be used to remedy VRA violations on a case-by-case basis (and without Section 5’s onerous preclearance requirements). ##### Related Tags [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).