Friday, May 3, 2013

The American Spectator : Will Congress’ Sloppy Work Survive Supreme Court Scrutiny?

1965 Voting Rights Act Section 2

Congress didn’t change the statutory formula in 2006, it just moved the goalposts. In the legislative history, it pointed to the number of black elected officials, the fact that USDOJ sent observers to monitor elections in some jurisdictions, and the number of successful Section 2 lawsuits in the legislative history. But, legislative history is not law. If Congress thought those factors were important, it should have included them in the statutory formula when it extended the life of Section 5 for another 25 years.

The American Spectator : Will Congress’ Sloppy Work Survive Supreme Court Scrutiny?

No comments: