On bailout: The original vision of Section 5 and the vision further emphasized by Congress in 1982, when it amended Section 5 in an effort to facilitate appropriate bailouts, was that the the unique regime of Section 5 would unwind… Continue reading

I. Highlights from Wednesday’s hearing Wednesday’s hearing did not have many surprises. Senator Leahy started the hearing, alone, and each witness delivered their testimony. Fred Gray talked about the history of the VRA and its continuing relevance as a deterrent… Continue reading

I have explained why I think a “proactive bailout” measure could help sustain the constitutionality of a renewed section 5. I have taken a stab at trying to actually draft language to put this into effect. This is a work… Continue reading

To date, everyone’s focus has been Congress, Congress, and yet more Congress. Are the votes there to pass an extension? What will the legislation that Congress passes look like? Will Congress create a good enough record to satisfy the Supreme… Continue reading

In my testimony before the Senate Judiciary Committee last week, I made four recommendations to make the VRA more likely to be upheld against a constitutional challenge that it exceeds Congressional power under the 14th and 15th Amendments. These proposals… Continue reading

Heather Gerken asks whether academics privately believe that the civil rights community ought to reject the proposed amendment to the Voting Rights Act. I don’t know what most academics believe privately, but unless we hear something more from the civil… Continue reading

At the slight risk of being a one trick pony, I’d like to toss out another question for discussion related to Georgia v. Ashcroft. One thing that seems like it has gone a bit under the radar screen is the… Continue reading

First off, thanks to Rick for providing this forum. As Heather and Dan and Rick‘s posts make clear, this is a most useful venue for thought-provoking discussion. At the moment, though, I’d like to move us away from Dan… Continue reading

In a thoughtful and provocative post on the VRA renewal debate, Heather Gerken asks a provocative question: “If the deal is going to go through regardless of what a few academics think about its merits, why allow the perfect to… Continue reading

Deal or No Deal? – Gerken I thought I’d offer a quick follow-up on Dan Tokaji’s typically thoughtful post. As Dan correctly notes, there’s some disagreement between the civil rights community and academics about whether the deal on the… Continue reading

I’d first like to thank Professor Hasen for giving me the opportunity to guest-blog on the renewal of the portions of the Voting Rights Act of 1965 (VRA) that expire in 2007. His consistently impressive and tireless work on the… Continue reading