The Voting Rights Act’s (VRA) Secret Weapon: Pocket Trigger Litigation and Dynamic Preclearance Abstract. This could be a way to Stop State's from Gerrymandering, to get more Seats in the House.
VRA’s most obscure Provision: Section 3. Commonly called the Bail-In Mechanism or the Pocket Trigger, Authorizes Federal Courts to place States and Political Subdivisions, that have Violated the Fourteenth or Fifteenth Amendments under Preclearance. This reqires the State to get The Justice Department( DOJ) Approval for any Changes to Voting in a State.
This Note makes a Two-Part Argument:
- First, the Pocket Trigger should be used to Alleviate the Court’s Anxiety over the Coverage Formula’s Treatment of the States. DOJ and Civil Rights Groups, should build off of the Handful of Successful Bail-Ins, and Re-Define the Preclearance Regime through Litigation.
- Second, the Pocket Trigger provides a Model for a Revised VRA. The Pocket Trigger is more likely to Survive the Congruence and Proportionality Test, because it Replaces an Outdated Coverage Formula with a Perfectly Tailored Coverage Mechanism, a Constitutional Trigger. It also Sidesteps the Political Difficulties in Designing a New Coverage Formula.
The Pocket Trigger has the Ootential to create Dynamic Preclearance: a Flexible Coverage Regime that Utilizes Targeted Preclearance and Sunset Dates. This Note concludes by Proposing possible Amendments to the Pocket Trigger, such as adding an Effects Test or Delineating certain Violations that Automatically Trigger Preclearance.
On 7/28/2025 a Three Judge District Court in the Alabama Congressional Redistricting Litigation, will hold a Hearing on whether to Bail-In Alabama to the VRA’s Preclearance Regime. If Bailed-In, Alabama would have to seek Pre-Approval for any Redistricting Changes from either DOJ or that Court, through the 2030 Redistricting Cycle.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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