In today’s Wall Street Journal, Abigail Thernstrom and Edward Blum write Do the Right Thing. (Thanks to Steven Sholk for the pointer.) A snippet:
- Preclearance is no longer defensible. Another provision, known as section two, takes a more reasonable approach to the same problems preclearance was designed to address. This provision allows plaintiffs to initiate suits in any jurisdiction across the nation if they believe minority voters have “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” But the burden of proof is on the plaintiffs and jurisdictions have an opportunity to defend themselves in a local court. DOJ career attorneys partial to plaintiffs will not be resolving disputes behind closed doors.