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

[Winkler, Adam]

And of course, we don't treat every one of the first 8 amendments the same even though adopted at same time, nor all of the enumerated powers in Art I which were adopted at same time. There may be good reasons to treat 14th & 15th enforcement powers the same, but they must rest on the nature of the underlying provisions and not on their relatively contemporaneous adoption.

Adam Winkler
Professor of Law
UCLA School of Law

On Jun 26, 2013, at 10:31 AM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

> 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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