“Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 the Voting Rights Act”

Nate Persily, Charles Stewart III, and Steve Ansolabehere have written an important new paper [updated], which I have now posted.  The paper comes just in time for argument in the Shelby County case.  Here is the introduction (minus the footnotes): … Continue reading

Share

Was Chief Justice Roberts Most Unprincipled in Applying the Doctrine of Constitutional Avoidance in the Health Care Case, in NAMUDNO (the Voting Rights Act Case) or in Citizens United?

In my initial post on the health care decision, I stated “Once again, the Chief has manipulated the doctrine of constitutional avoidance to do what he wanted to do in a high profile, important case.” I hadn’t had a chance … Continue reading

Share

Federal District Court Calls Out Supreme Court on Its Shoddy Statutory Interpretation of the VRA in the NAMUDNO Case

From today’s opinion in the Shelby County case, I was gratified (but somewhat surprised) to see the following passage in the district court’s discussion of NAMUDNO: On appeal, however, the Supreme Court reversed and remanded. In a decision that has … Continue reading

Share