In an order issued this morning, the U.S. Supreme Court said it would not hear Kinston, N.C.’s challenge to Section 5 of the Voting Rights Act.
The Court will nonetheless be considering the merits of Section 5, given its decision on Friday to hear a challenge brought by Shelby County, Alabama.
Section 5 of the VRA requires certain states and jurisdictions to get U.S. Department of Justice preclearance of changes to voting practices.
In Nix, Kinston voters who had approved a 2008 referendum for non-partisan local elections challenged the Justice Department’s refusal to preclear that change, saying that DOJ was using Section 5 in racially divisive ways. Though the Department had initially refused to preclear the change, it ultimately withdrew its objections.
The Court did not comment on why it declined to hear the Nix appeal, but a lower court had already ruled that case to be moot since DOJ had withdrawn its objections.