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Citizens United v. F.E.C. (Part 4): Kennedy's and O'Connor's Basic Approaches to Constitutional Decisionmaking – Top Down and Bottom Up
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Do IT this week: Layering
A critical provision of the Voting Rights Act survives the Supreme Court
Published on Wednesday, Jun 24, 2009
An 8-1 majority granted relief to the utility district, but it did so narrowly. It limited the option to small jurisdictions that do not handle their own voter registration. That amounts to a qualified victory for those concerned about the court acting hastily to remove a key tool in protecting civil rights, especially in view of the coming Census and the redrawing of congressional and legislative districts.
Of worry was the tone of the majority opinion written by Chief Justice John Roberts. He made much of the ''historic accomplishments'' under the Voting Rights Act. He stressed that ''things have changed in the South.'' He highlighted the strides in voter turnout and registration, plus the ''unprecedented levels'' of elected minority officeholders.
All of that is true, and well worth applauding. At the same time, a court majority looking for another opportunity to ease further or remove the requirement of Section 5 should keep in mind the wealth of information gathered by Congress as recently as 2006 when lawmakers overwhelmingly voted to reauthorize the provision. Lawmakers didn't act without reason or in a heavy-handed way. They recognized how precious the achievements have been, and how important it is to ensure they are secure.
Get the full article here.
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