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

[Franita Tolson]

I have also written about this issue, but from a slightly different perspective.  The draft is on SSRN and is called, "A Structural Theory of Elections." I would link to it but I am also traveling and limited to my cell phone.  

Sent from my iPhone

On Jun 26, 2013, at 1:31 PM, 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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