[EL] Big DOJ move against Texas in voting rights suit

[Pildes, Rick]

Rick:  You want to make an urgent correction.  This is not DOJ acting - at least not the motion you attached.  This is from the intervenor groups.  They say DOJ hasn't taken a position yet.  Unless I am missing something, you'll want to fix this right away.

Rick

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Wednesday, July 03, 2013 1:18 PM
To: law-election at UCI.edu
Subject: [EL] Big DOJ move against Texas in voting rights suit

Major Voting Rights Development: DOJ Seeks to Have Texas Bailed In Under Section 3 of the Voting Rights Act<http://electionlawblog.org/?p=52569>
Posted on July 3, 2013 10:16 am<http://electionlawblog.org/?p=52569> by Rick Hasen<http://electionlawblog.org/?author=3>

This just-filed DOJ motion<http://electionlawblog.org/wp-content/uploads/241-motion-sec-3redux.pdf> in the Texas redistricting case is a BFD:

The State of Texas is undoubtedly the prime example of why at least some pre-enforcement review under the Voting Rights Act is still necessary to vindicate the voting rights of minority citizens. Texas has engaged in persistent and intentional efforts to diminish the voting strength of voters of color, and to exclude them from the political process. If ever a jurisdiction was deserving of being affirmatively subjected to the preclearance requirement (being "bailed-in") under Section 3(c) of the Act, Texas is that jurisdiction.

I've been skeptical that Section 3 bail-in can be an effective substitute for section 5 preclearance (mainly because it is onerous to bring a section 3 suit and most local jurisdictions-where lots of mischief can take place, likely won't be subject to a bail-in action).  But this is an important test case, and the finding of intentional race discrimination on Texas's part in the Texas redistricting case gives DOJ a fighting chance here.  (For more on how Congress could strengthen section 3 bail-in as part of a response to Shelby County, see Rick Pildes's excellent post<http://t.co/3UzRoJ9E8F>.)
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Posted in redistricting<http://electionlawblog.org/?cat=6>, Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off

--

Rick Hasen

Chancellor's Professor of Law and Political Science

UC Irvine School of Law

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rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>

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http://electionlawblog.org
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