“Coleman and the Perils of New Federalism”

Michael Waterstone has this post at Prawfblawg on today’s Supreme Court opinion in Coleman v. Court of Appeals of Maryland .

It has been a long day, so I leave to others the following question: what relevance, if any, does this decision have on the constitutionality of section 5 of the Voting Rights Act?  (See my discussion here regarding two earlier SCOTUS cases on the “congruence and proportionality” test,  Hibbs and Tennessee v. Lane).  Note that Justice Scalia in his separate opinion today reaffirms a special rule for congressional laws targeted at ending race discrimination: “As I have explained in greater detail elsewhere, see Lane, supra, at 558–560, outside of the context of racial discrimination (which isdifferent for stare decisis reasons), I would limit Congress’s §5 power to the regulation of conduct that itself violates the Fourteenth Amendment.”

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