[EL] questions about preliminary relief and the Voting Rights Act Amendments of 2014

[Christopher S. Elmendorf]

As I read the draft bill, Section 6(b)(4) seems to do away with the conventional four-part test for preliminary injunctions, in favor of a simple weighing of relative hardships.  Am I mistaken?  Is there any precedent for a statute that does away with the "likelihood of success" factor with respect to preliminary relief?  And if Section 6(b)(4) does in fact eliminate this factor, is it constitutional?  (How can the contemplated relief be "congruent and proportional" to the remedying or prevention of constitutional violations, if the relief can be had without any showing that a Section 2 violation is at least somewhat likely?)

Thanks in advance to anyone who can shed light on these matters.

Best,

Chris

Christopher S. Elmendorf
Professor of Law
UC Davis School of Law
400 Mrak Hall Drive
Davis, CA 95616
530.752.5756

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