[EL] VRA Universality?

[Abigail Thernstrom]

	It was discussed in 2006 and rejected as not doable.  Submissions from jurisdictions across the nation (large and small) would overwhelm DOJ's enforcement capacity.  Aside from the inevitable political resistance.

	AT

Abigail Thernstrom
Vice-chair, U.S. Commission on Civil Rights
Adjunct Scholar, American Enterprise Institute
www.thernstrom.com


On Mar 6, 2013, at 5:20 PM, Winkler, Adam wrote:

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 Nevertheless, perhaps the VRA and Section 5 are still practical, but the outdated formula actually is outdated (it's certainly outdated in the literal sense, but maybe in principle too).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