Balkinization  

Wednesday, June 26, 2013

Constitutional Choreography?

Neil Siegel

My experience has been that, as of 10 AM this morning, no one in the news media has wanted to talk about the Roberts Court's monumental invalidation of the heart of the Voting Rights Act.

Apparently, yesterday was a long time ago.

I, of course, cannot know why the opinions were handed down in the order that they were. But the order is nonetheless striking. The appearance of moderation in Fisher preceded (predicted?) the outcome in Shelby County, public reaction to which has been muted by Windsor and Perry.

If the Court had wanted to manipulate public opinion, it could not have ordered the opinions any more skillfully.

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