August 21, 2013

JAMES TARANTO: Partisanship and ‘Voting Rights:’ A left-leaning legal scholar lets the mask slip. “The Constitution is silent about political parties, but the 15th Amendment forbids racial discrimination in voting and it stipulates that ‘the Congress shall have power to enforce this article by appropriate legislation.’ If a state is found to engage in racial discrimination, Sections 2 and 3 of the Voting Rights Act allow the Justice Department or private plaintiffs to obtain relief. But how could it possibly be ‘appropriate’ to tip the scales in favor of one party where there has been no showing of discrimination in two generations?”

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