Heller, Joel, "Subsequent History Omitted" (2014). The Circuit. 64.
The Supreme Court's decision in Shelby County v. Holder striking down part of the Voting Rights Act of 1965 has sparked debate over voting, race, history, and, surprisingly, footnotes. This Essay examines Westlaw's characterization of the Court's earlier decision upholding the VRA in South Carolina v. Katzenbach as "abrogated by Shelby County v. Holder," and uses that characterization as a lens to consider Westlaw's influence on the development of the law. Because Westlaw's "abrogated" label is both unwarranted and consequential, that proposed subsequent-history clause should be omitted.