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

[Rick Hasen]

I'm on vacation without access to everything but others have written about why the 15 th amendment power should be broader.  Ellen Katz I think for one.  

Rick Hasen

Sent from my iPhone. Please excuse typos. 

On Jun 26, 2013, at 2:09 AM, "Jonathan Adler" <jha5 at case.edu> wrote:

> 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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