“Conservative Constitutional Hypocrisy”

Eric Schnurer’s piece on originalism and Shelby County begins:

Most reaction to this week’s Supreme Court ruling on the Voting Rights Act will center on whether the court was right that the law (or at least its Section 5) is outdated. But under the approach long advocated by the court’s majority that very argument is itself outdated.

The conservative vision of an unchanging Constitution – that means for all time what the Framers meant when they wrote it –  has triumphed on the court, in which case, it doesn’t matter whether times have changed and the VRA is “outdated.” If it was constitutional when adopted, it should still be constitutional today. In short, the VRA’s invalidation by those who trumpet conservative values is really about just one thing: hypocrisy.

More here.

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