[EL] Reduction of representation under section two of the 14th Amendment: relevant cites for an article in process?

[Mark Scarberry]

Some scholars have suggested that the provision in section two of the 14th
Amendment for reduction of representation has in effect been repealed (or
at least made a dead letter) by adoption of later amendments and by the
Supreme Court's fundamental rights analysis.

It seems to me that there still are circumstances under which the provision
might apply. Also, it isn't inconceivable that the Supreme Court might
change its approach to voting rights. Or perhaps courts might be unable for
some reason to protect voting rights. Congress then might decide to enforce
the provision and reduce a state's representation in the House (and
correspondingly the number of its presidential electoral votes).

What are the best current treatments of these issues? (Or even treatments
of them that some list members might not consider the best.)

I want to make sure I cite all the relevant literature in an article I'm
currently writing. Please don't be reluctant to send me cites to your own
work. (I hate it when something of mine should be cited but isn't!)

Best,
Mark

Prof. Mark S. Scarberry
Pepperdine Univ. School of Law
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