Here is a guest post from Ellen Katz: Several people this week have said that Chief Justice Roberts “blinked” on Monday. I disagree. His opinion in NAMUDNO is calculated, shrewd, and (given what he believes about the statute) institutionally smart.… Continue reading

There’s been lots of armchair psychoanalysis of the Justices in Monday’s voting rights case. Heather Gerken says the liberals signed on to Chief Justice Roberts’ opinion containing a lot of troubling language about the constitutionality of section 5 of the… Continue reading

Steve Ansolabehere and Nate Persily have written this guest post: The Supreme Court dodged a bullet yesterday by deciding not to decide the constitutionality of section 5 of the newly reauthorized Voting Rights Act. The decision, which makes small jurisdictions… Continue reading

Here is a guest post from Guy Charles: It is time for the civil rights community to step up. They have dodged a bullet with the Court’s decision to uphold the constitutionality of section 5. But the constitutionality of section… Continue reading

Here is a guest post by Bruce Cain and Dan Tokaji: In avoiding the question whether a key section of the Voting Rights Act violates the Constitution, the U.S. Supreme Court has provided a welcome respite for civil rights advocates… Continue reading

This guest post is written by Heather Gerken: NAMUDNO ended not with a bang, but a whimper. The Court unexpectedly issued a modest opinion on Section 5, neither affirming nor invalidating the provision. The ruling was a surprise, largely because… Continue reading

Howard Bashman links to the major papers and editorials. In addition, see: Luis Fuentes-Rohwer Guy Charles Tracie Powell One of the questions I asked yesterday is about the reaction of challengers to the law. This NYT article includes: “Christian… Continue reading

Despite Chief Justice Roberts’ longstanding skepticism of the Voting Rights Act and his blistering set of questions to supporters of section 5’s constitutionality during oral argument, the Chief has managed to put together a coalition of 8 of 9 Justices… Continue reading

Back in 2006 when I testified before the Senate Judiciary Committee about congressional power to pass a renewed section 5 of the Voting Rights Act (based upon this 2005 law review article considering the question), I remember being impressed by… Continue reading

Much has been made of Justice Kennedy’s comments at the NAMUDNO oral argument, leading supporters of Section 5 to expect the worst and prepare a legislative response. But the question has been raised about how much to read… Continue reading

NPR offers this report. A snippet: When the Supreme Court strikes down a significant law, the Justice Department often comes back with a proposed change that would address the court’s concerns. Sources say civil rights is such an important… Continue reading

Scott Rafferty wrote the following post on the election law listserv, which I reprint here with permission: Rick points to Gerry Hebert’s detailed analysis of the distinction between “facial” and “as-applied” challenges in NAMUNDO, arguing that the procedural abandonment of… Continue reading

I’ve been very pessimistic about Section 5’s chances of surviving in the Supreme Court, going so far as to suggest new congressional legislation that could moot the case. I don’t see any movement in that direction. But Gerry Hebert offers… Continue reading

Here’s an admittedly crazy thought. When Congress was considering amendments to the Voting Rights Act in 2006, there were a number of proposals by academics to fix the Act. In my testimony before the Senate Judiciary Committee, I noted four … Continue reading