Rick,
Note that I said NINETEENTH century racial discrimination in
schools, a time when courts weren't particularly sympathetic to minority
rights.
Note also that even though LDF's resources are finite, they may be
expandable, and the publicity that cases get may attract more resources
to the particular struggle, to LDF or other groups, or they might have an
important propaganda function, drawing attention to the issue and
converting people. E.g., the Washington superior court's decision
throwing out post-incarceration disfranchisement because the system is so
convoluted and complex may help pass legislation, now pending,
simplifying or even eliminating post-incarceration
disfranchisement. The local court decision may possibly have some
influence on the pending federal court decision in Farrakhan.
Having studied the disfranchisement of blacks and poor whites in
the late 19th century South, which I found was importantly the product of
partisan, as well as racial interest, I'm much less sanguine than you
about the likelihood that state legislatures will uphold core voting
rights. Obviously, I'm skeptical of courts, as well, but I see no
clear theoretical or empirical reason to think that one, rather than the
other, is the more appropriate body for making decisions on such
matters.
I also worry about the precedential effect of losing in courts, as
we've been doing. But I think the problems are so grave -- about a
quarter of black males disfranchised -- and that voting rights law is so
unsettled that we shouldn't bar that path.
Morgan
Prof. of History and Social Science, Caltech
snail mail: 228-77 Caltech, Pasadena, CA 91125-7700
phone 626-395-4080, fax 626-405-9841
home page:
<
http://www.hss.caltech.edu/~kousser/Kousser.html>
to order Colorblind Injustice:
<
http://uncpress.unc.edu/books/T-388.html>
"Peace if possible, Justice at any rate" -- Wendell Phillips