Revealing @SeanTrende-@Dale_E_Ho Exchange in NC Voting Rights Trial

I excerpt it in this post at The Monkey Cage:

North Carolina passed its 2013 restrictive voting law just a month afterShelby. So is the change connected to is history of race discrimination? Real Clear Politics’ Sean Trende, testifying as an expert political analyst for North Carolina, noted that seven other states besides North Carolina had no same-day registration, no out-of-precinct voting, less than 17 days of early voting, no preregistration, and a photo ID requirement—all five changes that were being challenged. Many states lacked one, two or three of these voting rules. But only eight states lacked all five.  That testimony led to a very interesting exchange with ACLU lawyer Dale Ho, representing the plaintiffs, on cross-examination:

    Ho: Could you read those eight states into the record, please?

Trende: Alabama, Michigan, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia.

Ho:  Now, according to your opinion in this case, these eight states are in the mainstream; correct, Mr. Trende?

Trende: With respect to the voting practices at issue in this case, yes.

Ho: Now, it is true, is it not, Mr. Trende, that all eight of these states, with the exception of Tennessee, were at one point covered in whole or in part by Section 5 of the Voting Rights Act?

Trende: I do not know.

Ho of course was right that these seven were former preclearance states, suggesting that the vestiges of intentional racial discrimination still linger 50 years after the Voting Rights Act’s passage, something Trende did not factor into his analysis.

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