[EL] "risible"

Ilya Shapiro IShapiro at cato.org
Fri Aug 7 09:59:31 PDT 2015 

Arbitrary laws can't be appropriate.

And Rick, you need not provide detailed engagement on every blogpost. But as I said, a shorthand like "Totally misunderstands the 15th Amendment" - to use Eric's example - is very different than "So laughable - as any position that disagrees with me on this matter must be - that anyone who says this must be some combination of stupid, disingenuous, or racist." (I extrapolate from your "risible" but of course we know that's the attack.)

Ilya Shapiro
Senior Fellow in Constitutional Studies
Cato Institute
1000 Mass. Ave. NW
Washington, DC 20001
Tel. 202-218-4600
Cel. 202-577-1134
www.cato.org/people/shapiro.html<http://www.cato.org/people/shapiro.html>
twitter.com/ishapiro<http://twitter.com/ishapiro>

On Aug 7, 2015, at 9:54 AM, Eric J Segall <esegall at gsu.edu<mailto:esegall at gsu.edu>> wrote:


Have you read the text of the 15th Amendment?


1) It is Congress' job to enforce;

2) through appropriate legislation.


That's all.


Best,


Eric


________________________________
From: Ilya Shapiro <IShapiro at cato.org<mailto:IShapiro at cato.org>>
Sent: Friday, August 7, 2015 12:50 PM
To: Eric J Segall
Cc: Rick Hasen; law-election at UCI.edu<mailto:law-election at UCI.edu>
Subject: Re: [EL] "risible"

Shelby County wasn't about equal sovereignty but about the idea that federal powers are enumerated and therefore limited. Election administration, like tort and criminal law, etc., is left to the states -- unless they fail to such an extent as to justify a temporary inversion of the normal federal system as allowed by the 15th Amendment. That extraordinary abnormality, correctly identified by the Court in 1966, had obviously disappeared by 2013.

Nobody with a straight face can say that Sections 2 and 3 are insufficient (let alone that 4b aligns violations and remedies). Again, take text and structure seriously, throw out the ideological frenzy and racial demagoguery, and Shelby County is an easy case that celebrates and vindicates the VRA.

Ilya Shapiro
Senior Fellow in Constitutional Studies
Cato Institute
1000 Mass. Ave. NW
Washington, DC 20001
Tel. 202-218-4600
Cel. 202-577-1134
www.cato.org/people/shapiro.html<http://www.cato.org/people/shapiro.html>
twitter.com/ishapiro<http://twitter.com/ishapiro>

On Aug 7, 2015, at 9:29 AM, Eric J Segall <esegall at gsu.edu<mailto:esegall at gsu.edu>> wrote:

There is nothing in "text or structure" much less history (remember the Civil War) that leads to an equal state sovereignty principle. We do have an equal protection clause (for persons).

Best,

Eric

Sent from my iPhone

On Aug 7, 2015, at 12:20 PM, "Ilya Shapiro" <IShapiro at cato.org<mailto:IShapiro at cato.org>> wrote:

Rick,

Rather than engage my analysis or characterize it in short-form as "wrong because X" -- perfectly acceptable; we'll agree to disagree -- you make fun of it. As if I'm not being serious or sincere. As if taking constitutional text and structure on their own terms were some zany idea. As if courts should simply defer regardless of legal defect whenever there's a super-majority in the legislature (conservatives make this mistake too).

The VRA has been a tremendously successful law, so successful that it made Shelby County a ridiculously easy case. Both of those are good things. Deal with it.

Ilya Shapiro
Senior Fellow in Constitutional Studies
Cato Institute
1000 Mass. Ave. NW
Washington, DC 20001
Tel. 202-218-4600
Cel. 202-577-1134
www.cato.org/people/shapiro.html<http://www.cato.org/people/shapiro.html>
twitter.com/ishapiro<http://twitter.com/ishapiro>

On Aug 7, 2015, at 8:48 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:

More on Republican Commemoration of VRA 50th Anniversary<http://electionlawblog.org/?p=75118>
Posted on August 7, 2015 8:43 am<http://electionlawblog.org/?p=75118> by Rick Hasen<http://electionlawblog.org/?author=3>

Sen. McConnell tells the NYT <http://www.nytimes.com/2015/08/07/us/obama-urges-restoring-voting-rights-provisions.html?ref=politics> that no VRA fix is necessary:

On Thursday, Senator Mitch McConnell, Republican of Kentucky and the majority leader, said the law “has been a big success; it’s worked,” and suggested that a revision was not needed.

“It is also important to understand how different the South is now,” Mr. McConnell said, adding that there were more black elected officials in Mississippi than in any other state. “America’s come a long way, and the Voting Rights Act is intact, it was not struck down.”

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75118&title=More%20on%20Republican%20Commemoration%20of%20VRA%2050th%20Anniversary&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>, VRAA<http://electionlawblog.org/?cat=81>
“Obama Urges Restoring Voting Rights Provisions”<http://electionlawblog.org/?p=75116>
Posted on August 7, 2015 8:42 am<http://electionlawblog.org/?p=75116> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT reports.<http://www.nytimes.com/2015/08/07/us/obama-urges-restoring-voting-rights-provisions.html?ref=politics>

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75116&title=%E2%80%9CObama%20Urges%20Restoring%20Voting%20Rights%20Provisions%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Voting Rights Law, Then and Now”<http://electionlawblog.org/?p=75114>
Posted on August 7, 2015 8:38 am<http://electionlawblog.org/?p=75114> by Rick Hasen<http://electionlawblog.org/?author=3>

Nate Persily<http://blog.constitutioncenter.org/2015/08/voting-rights-law-then-and-now/> at Constitution Daily.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75114&title=%E2%80%9CVoting%20Rights%20Law%2C%20Then%20and%20Now%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“A troubled semicentennial remembrance of the Voting Rights Act”<http://electionlawblog.org/?p=75112>
Posted on August 7, 2015 8:37 am<http://electionlawblog.org/?p=75112> by Rick Hasen<http://electionlawblog.org/?author=3>

Rick Valelly<http://blog.constitutioncenter.org/2015/08/a-troubled-semicentennial-remembrance-of-the-voting-rights-act/> at Constitution Daily.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75112&title=%E2%80%9CA%20troubled%20semicentennial%20remembrance%20of%20the%20Voting%20Rights%20Act%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“Advocates Call On Democratic Party To Drop Lawsuit, Comply With Subpoena”<http://electionlawblog.org/?p=75110>
Posted on August 7, 2015 8:35 am<http://electionlawblog.org/?p=75110> by Rick Hasen<http://electionlawblog.org/?author=3>

CT News Junkie<http://www.ctnewsjunkie.com/archives/entry/advocates_call_on_democratic_party_to_drop_lawsuit_comply_with_subpoena/>:

Common Cause of Connecticut on Wednesday called upon the Connecticut Democratic Party to drop its challenge of the state’s clean election laws.

The lawsuit served Tuesday<http://www.ctnewsjunkie.com/archives/entry/dems_file_second_lawsuit_against_election_regulators/> is the second since the start of the 10-month investigation into mailings the party did on behalf of Democratic Gov. Dannel P. Malloy during the 2014 election cycle.



<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75110&title=%E2%80%9CAdvocates%20Call%20On%20Democratic%20Party%20To%20Drop%20Lawsuit%2C%20Comply%20With%20Subpoena%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>
“Let watchdog do its job without partisanship”<http://electionlawblog.org/?p=75108>
Posted on August 7, 2015 8:32 am<http://electionlawblog.org/?p=75108> by Rick Hasen<http://electionlawblog.org/?author=3>

Milwaukee Journal Sentinel<http://www.jsonline.com/news/opinion/let-watchdog-do-its-job-without-partisanship-b99551946z1-320983601.html> editoria<http://www.jsonline.com/news/opinion/let-watchdog-do-its-job-without-partisanship-b99551946z1-320983601.html>l on GAB.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75108&title=%E2%80%9CLet%20watchdog%20do%20its%20job%20without%20partisanship%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>
“The Real Voter Fraud is Texas’ Voter ID Law”<http://electionlawblog.org/?p=75106>
Posted on August 7, 2015 8:29 am<http://electionlawblog.org/?p=75106> by Rick Hasen<http://electionlawblog.org/?author=3>

Lead NYT editorial.<http://www.nytimes.com/2015/08/07/opinion/the-real-voter-fraud-is-texas-id-law.html?action=click&pgtype=Homepage&module=opinion-c-col-right-region&region=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region&_r=0>

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75106&title=%E2%80%9CThe%20Real%20Voter%20Fraud%20is%20Texas%E2%80%99%20Voter%20ID%20Law%E2%80%9D&description=>
Posted in Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“In Republican debate, little talk about big money”<http://electionlawblog.org/?p=75104>
Posted on August 7, 2015 8:21 am<http://electionlawblog.org/?p=75104> by Rick Hasen<http://electionlawblog.org/?author=3>

CPI<http://www.publicintegrity.org/2015/08/06/17801/republican-debate-little-talk-about-big-money>:

Midway through the debate, Fox News co-moderator Bret Baier explained that Donald Trump<http://www.publicintegrity.org/2015/06/16/17488/9-things-know-about-donald-trump> has given money to numerous Democrats over the years.

Baier then noted that Trump has previously stated that politicians do favors for contributions.

“You better believe it,” Trump told Baier.

“I give to everybody. When they call, I give,” Trump said, quickly adding that he considers the nation’s political money system a “broken system.”

Trump said that a decade ago<http://time.com/3988313/donald-trump-hillary-clinton-wedding/>, after he made a donation to Democratic presidential frontrunner Hillary Clinton<http://www.publicintegrity.org/2015/04/12/17107/12-things-know-about-hillary-clinton>, then a senator, he asked Clinton to come to his wedding.

“She had no choice, because I gave,” Trump said. (A Clinton aide said<http://twitter.com/amychozick/status/629483730172837889> Trump’s assertion was “ridiculous” and “hurt” Clinton’s feelings.)

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75104&title=%E2%80%9CIn%20Republican%20debate%2C%20little%20talk%20about%20big%20money%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>
“Campaign finance in the US and the UK: A comparative assessment”<http://electionlawblog.org/?p=75102>
Posted on August 7, 2015 7:48 am<http://electionlawblog.org/?p=75102> by Rick Hasen<http://electionlawblog.org/?author=3>

Dentons has posted this analysis.<http://www.dentons.com/en/insights/alerts/2015/august/4/campaign-finance-in-the-us-and-the-uk-a-comparative-assessment?ParentItemID=ktrrmYwQ8YF3a5SKjru8rjQh4mofQ7sXIz2lFCnRwTHpmyWPUqCnxA==&Archive=False>

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75102&title=%E2%80%9CCampaign%20finance%20in%20the%20US%20and%20the%20UK%3A%20A%20comparative%20assessment%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, comparative election law<http://electionlawblog.org/?cat=107>
AALS Election Law Call for Papers<http://electionlawblog.org/?p=72943>
Posted on August 7, 2015 7:30 am<http://electionlawblog.org/?p=72943> by Rick Hasen<http://electionlawblog.org/?author=3>

[bumping to the top with deadline approaching]

>From Josh Douglas:

The AALS Section on Election Law is is seeking abstracts or drafts of papers to be presented at the 2016 Annual Meeting in New York, NY.  This year’s program is entitled:  Election Law at the Local Level.

Here the program description:

Although national election controversies grab the headlines, decisions made at the local level impact our elections in important ways – and even contribute to those national issues.  Local and state actors play a front-line role in administering elections for all levels of government.  This panel will focus on how local jurisdictions handle important issues such as ballot access, voting rights, early voting, Election Day processes, and post-election disputes.  Panelists will explain how these issues relate to the smooth running of the election, and how they might impact the 2016 presidential election season.  One panelist will be chosen from a Call for Papers.

Confirmed panelists include Jocelyn Benson (Wayne State), Rich Ford (Stanford), David Schleicher (Yale), and Trey Greyson (former Kentucky Secretary of State).  We are looking for one additional panelist to join this distinguished group.

The program will take place on Friday, January 8, 2016 from 10:30 am-12:15 pm.

Please submit an abstract or draft paper to Section Chair Josh Douglas at<mailto:joshuadouglas at uky.edu>joshuadouglas at uky.edu<mailto:joshuadouglas at uky.edu>.  The deadline is August 15, 2015.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D72943&title=AALS%20Election%20Law%20Call%20for%20Papers&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“Ted Deutch and Lois Frankel pledge to not run against each other”<http://electionlawblog.org/?p=75099>
Posted on August 7, 2015 7:29 am<http://electionlawblog.org/?p=75099> by Rick Hasen<http://electionlawblog.org/?author=3>

Miami Herald:<http://miamiherald.typepad.com/nakedpolitics/2015/08/ted-deutch-and-lois-frankel-pledge-to-not-run-against-each-other.html>

“U.S. Representatives Ted Deutch and Lois Frankel issued a joint statement today in response to the proposed map by the state Legislature which shows that their homes will both be in District 21.”

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75099&title=%E2%80%9CTed%20Deutch%20and%20Lois%20Frankel%20pledge%20to%20not%20run%20against%20each%20other%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6>
“The King of Coal Reveals $1 Million Bet on Jeb Bush”<http://electionlawblog.org/?p=75097>
Posted on August 6, 2015 4:07 pm<http://electionlawblog.org/?p=75097> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg<http://www.bloomberg.com/politics/articles/2015-08-06/the-king-of-coal-made-a-hidden-1-million-bet-on-jeb-bush>:

Chris Cline, the billionaire coal baron, revealed himself today as the donor behind a $1 million contribution to a super-PAC supporting Jeb Bush’s presidential campaign….

Cline’s donation was listed as having come from a company known as Jasper Reserves LLC, about which little was known before Thursday beyond an address in downtown Charleston, West Virginia. In his statement, Glasser acknowledged that Jasper Reserves “is a Chris Cline company.”

The contribution also points to a loophole in the campaign finance system. Under current law, super-PACs can receive unlimited donations from individuals, corporations and other businesses, but they must regularly disclose their identities.

Using a shell corporation that’s not easily traced to its creator is one way big donors can avoid the disclosure requirement.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75097&title=%E2%80%9CThe%20King%20of%20Coal%20Reveals%20%241%20Million%20Bet%20on%20Jeb%20Bush%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>
Guy Charles Talks with NPR’s Here and Now About VRA 50th Anniverary<http://electionlawblog.org/?p=75095>
Posted on August 6, 2015 1:01 pm<http://electionlawblog.org/?p=75095> by Rick Hasen<http://electionlawblog.org/?author=3>

Listen<http://hereandnow.wbur.org/2015/08/06/voting-rights-act-anniversary>.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75095&title=Guy%20Charles%20Talks%20with%20NPR%E2%80%99s%20Here%20and%20Now%20About%20VRA%2050th%20Anniverary&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“What Comes Next For Texas’ Voter ID Case”<http://electionlawblog.org/?p=75093>
Posted on August 6, 2015 1:00 pm<http://electionlawblog.org/?p=75093> by Rick Hasen<http://electionlawblog.org/?author=3>

TPM reports.<http://talkingpointsmemo.com/dc/texas-voter-id-decision-whats-next>

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75093&title=%E2%80%9CWhat%20Comes%20Next%20For%20Texas%E2%80%99%20Voter%20ID%20Case%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“The Voting Rights Act turns 50 today. Here are three trends in minority voting you should know about.”<http://electionlawblog.org/?p=75091>
Posted on August 6, 2015 12:42 pm<http://electionlawblog.org/?p=75091> by Rick Hasen<http://electionlawblog.org/?author=3>

Bernard Fraga<http://www.washingtonpost.com/blogs/monkey-cage/wp/2015/08/06/the-voting-rights-act-turns-50-today-here-are-three-trends-in-minority-voting-you-should-know-about/> for The Monkey Cage:

African Americans can (and do) vote at far higher rates than they did in the decade before the Voting Rights Act, according to the evidence. But Latino and Asian-American turnout remain so low that our elections may be less representative of the racial/ethnic mix of the country than they were 50 years ago.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75091&title=%E2%80%9CThe%20Voting%20Rights%20Act%20turns%2050%20today.%20Here%20are%20three%20trends%20in%20minority%20voting%20you%20should%20know%20about.%E2%80%9D&description=>
Posted in voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15>
Roundup of Stories on 5th Circuit TX Voter ID Decision<http://electionlawblog.org/?p=75089>
Posted on August 6, 2015 12:38 pm<http://electionlawblog.org/?p=75089> by Rick Hasen<http://electionlawblog.org/?author=3>

Howard<http://howappealing.abovethelaw.com/080615.html#063143> (who else?).

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75089&title=Roundup%20of%20Stories%20on%205th%20Circuit%20TX%20Voter%20ID%20Decision&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1>
“The Eyes of Texas”<http://electionlawblog.org/?p=75087>
Posted on August 6, 2015 12:36 pm<http://electionlawblog.org/?p=75087> by Rick Hasen<http://electionlawblog.org/?author=3>

Mimi Marziani <http://www.acslaw.org/acsblog/the-eyes-of-texas> at ACS on the 5th Circuit’s voter id decision.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75087&title=%E2%80%9CThe%20Eyes%20of%20Texas%E2%80%9D&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“Hurricane SCOTUS: The Hubris of Striking our Democracy’s Discrimination Checkpoint in Shelby County & the Resulting Thunderstorm Assault on Voting Rights”<http://electionlawblog.org/?p=75085>
Posted on August 6, 2015 12:35 pm<http://electionlawblog.org/?p=75085> by Rick Hasen<http://electionlawblog.org/?author=3>

Ryan Haygood article<http://harvardlpr.com/wp-content/uploads/2013/11/10.1_Haygood_Shelby-County.pdf> now posted at the Harvard Law and Policy Review, with this accompanyingblog post<http://harvardlpr.com/2015/08/06/fifty-years-after-the-voting-rights-act-two-years-after-shelby-county/>.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75085&title=%E2%80%9CHurricane%20SCOTUS%3A%20The%20Hubris%20of%20Striking%20our%20Democracy%E2%80%99s%20Discrimination%20Checkpoint%20in%20Shelby%20County%20%26%20the%20Resulting%20Thunderstorm%20Assault%20on%20Voting%20Rights%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“The Voting Rights Act is a grand success!”<http://electionlawblog.org/?p=75083>
Posted on August 6, 2015 12:32 pm<http://electionlawblog.org/?p=75083> by Rick Hasen<http://electionlawblog.org/?author=3>

Ilya Shapiro<http://www.washingtonexaminer.com/the-voting-rights-act-is-a-grand-success/article/2569622> thinks today on the 50th Anniversary of the Voting Rights Act we should celebrate the Supreme Court’s 2013 Shelby County decision to eviscerate a key portion of the act.

It would be funny if it were not so risible.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75083&title=%E2%80%9CThe%20Voting%20Rights%20Act%20is%20a%20grand%20success%21%E2%80%9D&description=>
Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“State Constitutions: The Next Frontier in Voting Rights Protection”<http://electionlawblog.org/?p=75081>
Posted on August 6, 2015 12:30 pm<http://electionlawblog.org/?p=75081> by Rick Hasen<http://electionlawblog.org/?author=3>

Josh Douglas<http://www.acslaw.org/acsblog/state-constitutions-the-next-frontier-in-voting-rights-protection> at ACS:

Fifty years later, and we are still trying to figure out the puzzle. Today – the 50th anniversary of the Voting Rights Act – represents both a milestone and an opportunity. It is a milestone that allows us to reflect on how far we have come in protecting the right to vote. It is an opportunity to discern how best to protect the right to vote during the next fifty years, and beyond, particularly in light of the U.S. Supreme Court’s recent<http://www.scotusblog.com/case-files/cases/northwest-austin-municipal-utility-district-number-one-v-eric-holder-jr-attorney-general-et-al/>decisions<http://www.scotusblog.com/case-files/cases/shelby-county-v-holder/> curtailing that hallowed law.

In a new Issue Brief<https://www.acslaw.org/sites/default/files/Douglas_Right_to_Vote_State_Courts_and_Constitutions_-_Issue_Brief_1.pdf>, which stems from two recent<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2234762> scholarly<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2495078> articles on the subject, I argue that, particularly given recent Supreme Court rulings and the now-reduced force of the Voting Rights Act, the answer of how best to protect the right to vote lies with state constitutions and state courts.

<share_save_171_16.png><https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D75081&title=%E2%80%9CState%20Constitutions%3A%20The%20Next%20Frontier%20in%20Voting%20Rights%20Protection%E2%80%9D&description=>
Posted in voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“The Voting Rights Act at 50: The Texas Voter ID Story – Timeline”<http://electionlawblog.org/?p=75079>
Posted on August 6, 2015 12:29 pm<http://electionlawblog.org/?p=75079> by Rick Hasen<http://electionlawblog.org/?author=3>

New report<https://lawyerscommittee.org/pages/vra-at-50/> posted by the Lawyers’ Committee.

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“Constitution Check: Who has the job of picking the candidates for the presidency?”<http://electionlawblog.org/?p=75077>
Posted on August 6, 2015 12:28 pm<http://electionlawblog.org/?p=75077> by Rick Hasen<http://electionlawblog.org/?author=3>

Lyle Denniston<http://blog.constitutioncenter.org/2015/08/constitution-check-who-has-the-job-of-picking-the-candidates-for-the-presidency/> at Constitution Daily.

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Posted in campaigns<http://electionlawblog.org/?cat=59>
“The Unfortunate Evolution of the Voting Rights Act; A great law that protected minority voters has in recent decades become a sword for politicians in both parties.”<http://electionlawblog.org/?p=75072>
Posted on August 6, 2015 12:23 pm<http://electionlawblog.org/?p=75072> by Rick Hasen<http://electionlawblog.org/?author=3>

Edward Blum WSJ oped.<http://www.wsj.com/articles/the-unfortunate-evolution-of-the-voting-rights-act-1438813569>

The correction to the story is incorrect. Justice Thomas did not write for the majority in Holder v. Hall<https://scholar.google.com/scholar_case?case=5399157163793733966&hl=en&as_sdt=6&as_vis=1&oi=scholarr>.

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“Roberts’ iffy support for voting rights”<http://electionlawblog.org/?p=75070>
Posted on August 6, 2015 10:17 am<http://electionlawblog.org/?p=75070> by Rick Hasen<http://electionlawblog.org/?author=3>

Here is my 2005 LA Times oped <http://articles.latimes.com/2005/aug/03/opinion/oe-hasen3> on Chief Justice Roberts’ role in working for the Reagan administration against the expansion of the Voting Rights Act in 1982 (the expansion which created Section 2 as we know it today, which was used to strike down Texas’s voter law yesterday).  The oped concludes:

When Congress reauthorizes Section 5, will the Supreme Court uphold it against charges that it tramples states’ rights? Some worry the court may not.

Justice Sandra Day O’Connor’s votes in these federalism cases have been pivotal, and her vote in 2004 to uphold a provision of the Americans with Disabilities Act had given those in the civil rights community grounds to be optimistic that a renewed Voting Rights Act could pass constitutional muster.

Roberts’ writings, on the other hand, show much more skepticism of congressional power, particularly on voting rights. Because Roberts viewed the “effects” language in Section 2 as an “intrusive interference” that is a “drastic alteration” of American government and “constitutionally suspect,” why would he look charitably on a renewed Section 5?

I would not count on him to uphold it.

We all now know how that story ends, with John Roberts in the starring role<http://www.nytimes.com/2013/06/26/opinion/the-chief-justices-long-game.html>.

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Posted in Supreme Court<http://electionlawblog.org/?cat=29>, Voting Rights Act<http://electionlawblog.org/?cat=15>
“For Latinos, 1965 Voting Rights Act Impact Came A Decade Later”<http://electionlawblog.org/?p=75068>
Posted on August 6, 2015 9:25 am<http://electionlawblog.org/?p=75068> by Rick Hasen<http://electionlawblog.org/?author=3>

NBC News reports.<http://www.nbcnews.com/news/latino/latinos-1965-voting-rights-act-impact-came-decade-later-n404936>

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“The Original Voter Suppression Data: The Numbers Behind the 1965 Voting Rights Act”<http://electionlawblog.org/?p=75066>
Posted on August 6, 2015 9:19 am<http://electionlawblog.org/?p=75066> by Rick Hasen<http://electionlawblog.org/?author=3>

Jon Sherman<http://www.huffingtonpost.com/jon-sherman/the-original-voter-suppre_b_7948292.html>:

After a long and difficult battle culminating in the Selma to Montgomery March, the Voting Rights Act (VRA) was born 50 years ago today. Previous efforts had failed to curb racial discrimination in voting, but the VRA’s passage marked the beginning of a new era. As we commemorate this singular achievement of the Civil Rights Movement and think about the inspiring stories of the people who worked to pass this legislation, the Fair Elections Legal Network (FELN) sought to revisit the numbers behind the VRA’s most innovative and transformative provision: mandatory preclearance of all voting changes for certain states and jurisdictions.

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“State Legislatures Adjourning, But Voting Rights Still Center Stage”<http://electionlawblog.org/?p=75064>
Posted on August 6, 2015 9:17 am<http://electionlawblog.org/?p=75064> by Rick Hasen<http://electionlawblog.org/?author=3>

Goldfeder and Perez<http://www.stroock.com/siteFiles/Publications/StateLegislaturesAdjourningButVotingRightsStillCenterStage.pdf> for NYLJ.

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
2 PM Eastern: President Obama in Video Conference of VRA 50th Anniversary<http://electionlawblog.org/?p=75061>
Posted on August 6, 2015 8:51 am<http://electionlawblog.org/?p=75061> by Rick Hasen<http://electionlawblog.org/?author=3>

Here<https://www.whitehouse.gov/live/president-obama-participates-video-conference-commemorate-50th-anniversary-voting-rights-act>: “President Obama Participates in a Video Conference to Commemorate the 50th Anniversary of the Voting Rights Act. The President will be joined by Attorney General Loretta E. Lynch and Congressman John Lewis, along with advocates and officials who have worked to strengthen and protect Americans’ right to vote.”

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Posted in Uncategorized<http://electionlawblog.org/?cat=1>
GOP Statement on Voting Rights Act Celebrates Early Voting, While GOP Legislators Cut It Back<http://electionlawblog.org/?p=75056>
Posted on August 6, 2015 8:38 am<http://electionlawblog.org/?p=75056> by Rick Hasen<http://electionlawblog.org/?author=3>

Republican National Committee statement<https://gop.com/rnc-statement-on-50th-anniversary-of-voting-rights-act/> on the 50 anniversary of Voting Rights Act:

“The Voting Rights Act of 1965 enjoyed broad Republican support, but protecting citizens’ right to vote in free and fair elections is not merely a Republican priority. It is an American priority. Today, as we enjoy more access to the polls – through early, absentee and weekend voting – than in past decades, we celebrate the sacrifice, accomplishments, and memory of those who made it possible.”

Yet in North Carolina<http://harvardlawreview.org/2014/01/race-or-party-how-courts-should-think-about-republican-efforts-to-make-it-harder-to-vote-in-north-carolina-and-elsewhere/>, Ohio, Wisconsin (where Priebus is from) and elsewhere, Republican legislators have voted to cut back early voting, and to impose additional voting restrictions, such as more onerous voter identification laws.

Nor is the GOP supporting efforts to amend the Voting Rights Act after the Supreme Court’s 2013 opinion in Shelby County v. Holder gutting a key part of it.

Here is the full statement:

<Screen-Shot-2015-08-06-at-8.43.31-AM.png><http://electionlawblog.org/wp-content/uploads/Screen-Shot-2015-08-06-at-8.43.31-AM.png>

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Posted in Voting Rights Act<http://electionlawblog.org/?cat=15>
“How to Save the Voting Rights Act”<http://electionlawblog.org/?p=74899>
Posted on August 6, 2015 7:30 am<http://electionlawblog.org/?p=74899> by Rick Hasen<http://electionlawblog.org/?author=3>

[bumping to the top for today’s 50th anniversary of the VRA; see also my coverage <http://electionlawblog.org/?p=74972> of yesterday’s very important 5th Circuit Texas voter id ruling.]

I have written this piece <http://www.slate.com/articles/news_and_politics/politics/2015/08/how_to_save_the_voting_rights_act_voting_rights_shouldn_t_rely_on_parsing.html> for Slate. It begins:

In 2010, the Simpsons featured a news helicopter<http://www.huffingtonpost.com/2010/11/22/simpsons-mocks-fox-news-racist_n_786712.html> emblazoned with the logo: “FOX News: Not Racist, But #1 with Racists.” That slogan might be applied to today’s Republican Party, which in recent years has actively passed voting laws that make it harder for poor and minority voters to vote. Whether to label the Republican Party “racist” isn’t an academic exercise. The question is actually at the heart of lawsuits over the future of voting rights in Texas and North Carolina. It’s also a question with historical resonance, particularly on the eve of the Voting Rights Act’s 50th anniversary this week.

The five-decade history of the Voting Rights Act is told masterfully in Ari Berman’s new book, Give Us the Ballot: The Modern Struggle for Voting Rights in America<http://www.amazon.com/dp/0374158274/?tag=slatmaga-20>. Berman starts around the time of the Selma, Alabama, marches, but unlike the movie Selma<http://www.amazon.com/dp/B00V8Z7E1Y/?tag=slatmaga-20>, Berman goes on to give us the rest of the history: the expansion of voting rights protections in 1970 and 1975 to include Latinos, Native Americans, and others over the objections of racists, many in the Democratic Party; the important 1982 rewriting of Section 2 of the Voting Rights Act, providing additional protections for minority voters nationally, and (now Chief Justice) John Roberts’ key role for the Reagan administration in unsuccessfully fighting against the expansion; hot disputes over voting rights in Florida in the 2000 election; the controversial renewal of the expiring “preclearance provisions” of the act in 2006 that continued to require states with a history of discrimination to get federal approval before changing their voting laws; and the ongoing “voting wars<http://www.amazon.com/The-Voting-Wars-Election-Meltdown/dp/0300198248>” that accelerated when Roberts led the court’s conservatives in striking down the 2006 preclearance renewal in Shelby County v. Holder<https://supreme.justia.com/cases/federal/us/570/12-96/>.

Berman’s book, like Jim Rutenberg’s excellent cover story<http://www.nytimes.com/2015/07/29/magazine/voting-rights-act-dream-undone.html?_r=0> for the New York Times Magazine on the 50th anniversary of the Voting Rights Act, views the struggles over voting rules primarily through the lens of race. And although that is an essential lens to apply, it downplays the growing role of partisan politics in this story, a partisan struggle that is having profound ramifications for the newest wave of court cases involving voting restrictions. Put simply, the Republican Party has reasons unrelated to racial animus to push new voting restrictions.

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Posted in election administration<http://electionlawblog.org/?cat=18>, Supreme Court<http://electionlawblog.org/?cat=29>, The Voting Wars<http://electionlawblog.org/?cat=60>, Voting Rights Act<http://electionlawblog.org/?cat=15>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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