June 25, 2013
FROM PROF. JACOBSON: Ignorant and Confused Reactions to SCOTUS Voting Rights Act Decision. There are a lot of them. Let me just add that I don’t trust the current politicized-and-corrupt Department of Justice to oversee anything involving elections.
Meanwhile, a more sober take from a lawyer who actually understands this stuff.
ANOTHER UPDATE: Ann Althouse: “It seems to me that the ‘equal sovereignty’ principle is an important structural safeguard in the federal legislative process, protecting us from the democratic dysfunctions of things like the ‘Cornhusker Kickback.’ This is exactly the sort of thing that ought to shake judges out of the usual deference to Congress.”
More from Althouse here: “This is a case about Congress’s enumerated powers. It’s not about Congress violating rights, but the scope of its power under the 15th Amendment to enforce the right guaranteed by that amendment (the right against race discrimination in voting). This is a power to be used against state and local government, so the scope of that power implicates federalism doctrine.”