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

[Rick Hasen]

This will be an interesting test for DOJ.

On 7/3/13 10:24 AM, George Korbel wrote:
> I presume doj will act.
>
>
> On Jul 3, 2013, at 12:22 PM, "Pildes, Rick" 
> <pildesr at exchange.law.nyu.edu <mailto:pildesr at exchange.law.nyu.edu>> 
> wrote:
>
>> 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> 
>> [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 <mailto: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>.)
>>
>> <image001.png> 
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D52569&title=Major%20Voting%20Rights%20Development%3A%20DOJ%20Seeks%20to%20Have%20Texas%20Bailed%20In%20Under%20Section%203%20of%20the%20Voting%20Rights%20Act&description=>
>>
>> Posted inredistricting <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
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen at law.uci.edu  <mailto:rhasen at law.uci.edu>
>> http://law.uci.edu/faculty/page1_r_hasen.html
>> http://electionlawblog.org
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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