Civil and Human Rights

Briefs supporting Section 5 point to substantial evidence on which Congress relied

By Marcia Coyle

 

…More than two dozen amicus briefs have been filed on the side of the United States and the defendant intervenors in an organized and thorough effort to refute the main arguments against the constitutionality of Section 5 by Shelby County and its supporters.

 

Reflecting the high stakes in the case, they were filed on behalf of such civil rights legends as U.S. Rep. John Lewis (D-Ga.), leaders of the House and Senate, political scientists, jurisdictions that have successfully “bailed out” of Section 5 coverage, some of the states that are still covered by Section 5, constitutional law scholars, bar associations, historians, social scientists, and Latino, Asian American, Native American and Alaskan Native organizations.

 

There is even an unusual brief submitted by former Republican Attorney General Dick Thornburgh and former career Justice Department officials specifically attacking two amicus briefs on the Shelby County side, one from former Republican officials who served in the civil rights division of the Justice Department…

 

…The Constitutional Accountability Center and constitutional law scholars argue the plain language and original meaning of the enforcement clauses of the 13th, 14th and 15th amendments give Congress broad powers to prevent racial discrimination in voting….

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