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SHELBY COUNTY, ALA. v. HOLDER

No. 11-5256.

679 F.3d 848 (2012)

SHELBY COUNTY, ALABAMA, Appellant v. Eric H. HOLDER, Jr., in his Official Capacity as Attorney General of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 18, 2012.

Attorney(s) appearing for the Case

Bert W. Rein argued the cause for appellant. With him on the briefs were William S. Consovoy , Thomas R. McCarthy , and Brendan J. Morrissey .

John C. Neiman Jr. , Solicitor General, Office of the Attorney General for the State of Alabama, and Robert D. Tambling , Assistant Attorney General, were on the brief for amicus curiae State of Alabama in support of appellant.

Thomas C. Horne , Attorney General, Office of the Attorney General for the State of Arizona, David R. Cole , Solicitor General, Michele L. Forney and James E. Barton II , Assistant Attorneys General, and Samuel S. Olens , Attorney General, Office of the Attorney General of the State of Georgia, were on the brief for amici curiae States of Arizona and Georgia.

Steven J. Lechner was on the brief as amicus curiae Mountain States Legal Foundation in support of appellant.

Sarah E. Harrington , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Diana K. Flynn and Linda F. Thome , Attorneys.

Eric T. Schneiderman , Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood , Solicitor General. Jim Hood , Attorney General, Office of the Attorney General for the State of Mississippi, and Kamala D. Harris , Attorney General, Office of the Attorney General for the State of California, were on the brief for amici curiae New York, et al., in support of appellees.

John Payton , Debo P. Adegbile , Elise C. Boddie , Ryan P. Haygood , Dale E. Ho , Natasha M. Korgaonkar , Arthur B. Spitzer , Jon M. Greenbaum , and John M. Nonna were on the brief for intervenors-appellees Earl Cunningham, et al., in support of appellees.

Deborah N. Archer and Aderson B. Francois were on the brief for amicus curiae The New York Law School Racial Justice Project in support of appellee.

Elizabeth B. Wydra was on the brief for amicus curiae Constitutional Accountability Center in support of appellees.

Dissenting opinion filed by Senior Circuit Judge WILLIAMS.

TATEL, Circuit Judge:

In Northwest Austin Municipal Utility District No. One v. Holder, 557 U.S. 193, 129 S.Ct. 2504, 174 L.Ed.2d 140 (2009), the Supreme Court raised serious questions about the continued constitutionality of section 5 of the Voting Rights Act of 1965. Section 5 prohibits certain "covered jurisdictions" from making any change in their voting procedures without first demonstrating

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