In my piece today on Arizona v. Inter-Tribal Council, I express concern about what the Court says about congressional power to set the manner of elections but lack of congressional power to alter state qualifications of voters. I referenced an important post by Marty Lederman on the topic, who expresses even greater concern than I have about the issue. You can now read (and must read) Marty’s post at SCOTUSBlog, Pyrrhic victory for federal government in Arizona voter registration case?
I will have to give much more thought to Marty’s issues — it usually takes more than a few hours to fully digest Supreme Court opinions. But I expect that the issues Marty raises will be the subject of major debate among election law scholars and courts in the next few years.