I’ve written a new “Justice, Democracy, and Law” column for SCOTUSblog. Here’s its summary:
There’s a widespread belief that the Supreme Court is poised to invalidate the core provision of the 1965 Voting Rights Act. But that belief is based on conflating two distinct issues that need to be kept separate. Once that distinction is made clear, then the core provision of this landmark law can be preserved and enforced effectively even if the Court narrows the range of available remedies.