“Let’s Shift Gears in Voting-Rights Enforcement”

Heather Gerken offers this Roll Call commentary (paid subscription required). It concludes: “As I have written elsewhere, it would be easy to tweak the preclearance process in light of these cutting-edge administrative law models, providing greater accountability, more flexibility, and broader community involvement in Section 5’s administration. Administrative law should supply the new paradigm for voting-rights enforcement. While we might lose a bit in terms of rhetoric–the grandeur of rights discourse is hard to beat–we would gain a set of practical regulatory tools that will do a better job of protecting minority voters in the long run.”

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