26 June 2013

The Court and Voting Rights

Dick Posner: The Court "struck down a key part of the Voting Rights Act (the part requiring certain states with a history of racial discrimination in voting to obtain federal permission in advance to change their voting procedures—called “preclearance”) as violating the “fundamental principle of equal sovereignty” of the states. This is a principle of constitutional law of which I had never heard—for the excellent reason that . . . there is no such principle.  . . . The opinion rests on air."  Just so. [source]

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