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Friday, May 18, 2012

"Divided D.C. Circuit Panel Upholds Constitutionality of Voting Rights Act, Teeing Up Issue for Supreme Court."

The Shelby County case is explained by Rick Hasen over at the Election Law Blog.

From the dissenting opinion by Judge Williams:
Why should voter ID laws from South Carolina and Texas be judged by different criteria (at a minimum, a different burden of persuasion, which is often critical in cases involving competing predictions of effect) from those governing Indiana?...

It goes without saying that racism persists, as evidenced by the odious examples offered by the majority.... But without more evidence distinguishing current conditions in the covered jurisdictions from those in the uncovered ones, § 4(b)’s coverage formula appears to be as obsolete in practice as one would expect, in a dynamic society, for markers 34-to-59 years old.

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