[EL] VRA Universality?

[Winkler, Adam]

Wouldn't that fail the "congruence & proportionality" test of Boerne, assuming that 14th Amend enforcement clause test applies equally to 15th?


Adam Winkler
Professor of Law
UCLA School of Law

On Mar 6, 2013, at 2:17 PM, "Thomas J. Cares" <Tom at TomCares.com<mailto:Tom at TomCares.com>> wrote:

If it seems like a worthwhile topic for discussion, I would be interested in how list members would feel about just making the VRA universal - no more "lesser-sovereignty of Alabama."

I suppose that would be "lesser-sovereignty for everyone."

Nevertheless, perhaps the VRA and Section 5 are still practical, but the outdated formula actually is outdated (it's certainly outdated in the literal sense, but maybe in principle too).

Looking at what states like Pennsylvania and Ohio have tried to do recently, the disparity on this, between the south and other places, looks blurred, but the need for section 5 still appears clear.



Thomas Cares

_______________________________________________
Law-election mailing list
Law-election at department-lists.uci.edu<mailto:Law-election at department-lists.uci.edu>
http://department-lists.uci.edu/mailman/listinfo/law-election