In light of the Supreme Court’s decision to consider the constitutionality of section 5 of the Voting Rights Act this term, I thought it might be useful to reproduce my August 3, 2005 Los Angeles Times oped, which for some… Continue reading
Evan Tsen Lee has posted this draft on SSRN. Here is the abstract:
The Supreme Court’s test for the constitutionality of state action and its test for the constitutionality of congressional legislation enforcing the Fourteenth Amendment are out of synch… Continue reading
Not a big surprise: the Supreme Court, after agreeing to hear the Shelby County case last week raising the question of the Voting Rights Act section 5’s continuing constitutionality, denied cert. today in Nix v. Holder, raising similar issues. There… Continue reading
Ming Hsu Chen and Taeku Lee have posted this draft on SSRN (forthcoming UC Irvine Law Review). Here is the abstract:
The current legal framework for protecting voting rights in the United States has been dramatically destabilized by Supreme Court… Continue reading
Texas has now filed its reply brief in the DC Court, reaching the question whether section 5 of the Voting Rights Act is unconstitutional as exceeding congressional power. The issue is now before the Supreme Court in the Shelby County… Continue reading
Franita Tolson of FSU has written this guest post: [now updated]
What about Section 2?
On Friday, the Supreme Court granted cert in Shelby County, giving most voting rights advocates and law professors heart palpitations in the process (even though… Continue reading