Balkinization  

Friday, February 01, 2013

The Future of the Voting Rights Act

Heather K. Gerken

The Supreme Court is once again considering whether Section 5 of the Voting Rights Act is unconstitutional. Those of you may remember that the Court punted the question last time around. Election law guru Rick Hasen has organized an excellent online symposium on what should happen if the Supreme Court strikes Section 5 down. Some, like Rick Pildes, think we should move to a system of universal voter protection.  Others, like me, think that we also need to find creative new strategies for protecting racial minorities against discrimination.  The symposium also includes an overview of the case by Hasen himself as well as spirited challenges of its premise by Abigail Thenstrom and Spencer Overton.

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