[EL] The curious disappearance of Boerne and the future jurisprudence of voting rights and race : SCOTUSblog

[Jonathan Adler]

Rick --

Interesting post.  Here's my question.  Is there any reason to assume that
the test governing Congressional exercises of the 15th Amendment's
enforcement power should be different than for the 14th Amendment?  That
is, if one believes Boerne is correct, what would the reason be for not
applying a similar approach to the 15th Amendment?  I recognize that
Boerne may be wrong, but the question would be the same.  Assume the Court
should apply a different test for Section 5 of the 14th, why should the
test for a parallel enforcement provision adopted contemporaneously be any
different?

JHA

------
Jonathan H. Adler
Johan Verheij Memorial Professor of Law
Director, Center for Business Law & Regulation
Case Western Reserve University School of Law
11075 East Boulevard
Cleveland, OH 44106
ph) 216-368-2535
fax) 216-368-2086
cell) 202-255-3012
jha5 at case.edu
http://www.jhadler.net
SSRN: http://ssrn.com/author=183995


-----Original Message-----
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Tuesday, June 25, 2013 7:20 PM
To: law-election at UCI.edu
Subject: [EL] The curious disappearance of Boerne and the future
jurisprudence of voting rights and race : SCOTUSblog


http://www.scotusblog.com/2013/06/the-curious-disappearance-of-boerne-and-
the-future-jurisprudence-of-voting-rights-and-race/


Rick Hasen

Sent from my iPhone. Please excuse typos.
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