Voting Rights and Democracy
“John Roberts Just Told Congress How to Fix Bad Supreme Court Decisions”
David Gans in Slate on Allen v. Milligan as a template for the exercise of Congress’s power to enforce the Fifteenth Amendment more broadly that the Court construes it. I detect some tension between this piece and Rick Hasen’s one in Slate expressing concern that the Court may rollback Congress’s enforcement power based on the unresolved temporal argument that Justice Kavanaugh flagged in his key concurrence.
More from Voting Rights and Democracy
September 10, 2024
Table Talk: Absentee ballots improve elections, reinforce democracy
Absentee ballots rose to popularity during the height of the COVID-19 pandemic. Although absentee voting...
September 8, 2024
Moore v. Harper, Evasion, and the Ordinary Bounds of Judicial Review
66 Boston L. Rev. (forthcoming 2025)
September 5, 2024
“Moore v. Harper, Evasion, and the Ordinary Bounds of Judicial Review”
David Gans, Brianne Gorod, and Anna Jessurun have posted this draft on SSRN (forthcoming, Boston College Law Review)....
U.S. Court of Appeals for the Eleventh Circuit
In re: Georgia Senate Bill 202
In In re: Georgia Senate Bill 202, the United States Court of Appeals for the Eleventh Circuit is considering whether the Materiality Provision in the Civil Rights Act of 1964, which prohibits states from denying...
U.S. Court of Appeals for the Fifth Circuit
Nairne v. Landry
In Nairne v. Landry, the United States Court of Appeals for the Fifth Circuit is considering whether the Voting Rights Act’s prohibition on vote dilution is a constitutional exercise of Congress’s Fifteenth Amendment enforcement power.
U.S. Court of Appeals for the Fifth Circuit
United States v. Paxton
In United States v. Paxton, the United States Court of Appeals for the Fifth Circuit is considering whether the Materiality Provision in the Civil Rights Act of 1964, which prohibits states from denying the right...