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- Title
AMERICAN CONSTITUTION SOCIETY CONSTANCE BAKER MOTLEY STUDENT WRITING COMPETITION WINNER: GOING, GUTTED, GONE? WHY SECTION 2 OF THE VOTING RIGHTS ACT IS IN DANGER, AND WHAT STATES CAN DO ABOUT IT.
- Authors
Lynch, Eric S.
- Abstract
Since the Supreme Court's decision to gut the Coverage Formula of the Voting Rights Act (VRA) in Shelby County v. Holder, election lawyers and academics have searched for a different way to protect minority voters. Many have turned to Section 2 of the VRA which prohibits intentional and effectual minority vote dilution. But a small contingency at the Supreme Court has long argued--beginning with Justice Clarence Thomas's concurrence in Holder v. Hall--that Section 2 cannot be used to challenge the redistricting process. Although Section 2 has withstood this opposition, there is a renewed concern that recent changes in the Supreme Court's composition is breathing new life into this debate and foreshadowing Section 2's demise. This Article explores that concern, and considers whether states are presently prepared to protect minority voting rights without Section 2. First, it explains Section 2's purpose and examines the merit of public concern regarding Section 2. Next, this Article supposes--to borrow from baseball vernacular--that Section 2 is "going, gutted, gone," and thus creates four categories to represent how states presently protect minority voters. Then it considers how the Court might do away with Section 2, and concludes that states are largely unprepared to be without Section 2's minority voter protection in the legislative redistricting context. Finally, this Article surveys the methods used in states that have minority voter protections beyond what appear in Section 2 to offer as possible solutions in jurisdictions that need additional minority voter protections.
- Subjects
VOTING Rights Act of 1965 (U.S.); SHELBY County v. Holder; VOTERS; UNITED States. Supreme Court; SUFFRAGE
- Publication
University of Pennsylvania Journal of Constitutional Law, 2020, Vol 22, Issue 5, p1441
- ISSN
1521-2823
- Publication type
Article