Here’s How Justice Thomas Would Have Taken the SCOTUS Voting Rights Act Decision Even Further

Posted by WillyNilly1997

3 Comments

  1. Damn.  That’s my guy.  So sad he’s near the end of serving now that he has like-minded colleagues.

    “ Today’s decision should largely put an end to this “disastrous misadventure” in voting-rights jurisprudence. As I explained more than 30 years ago, I would go further and hold that §2 of the Voting Rights Act does not regulate districting at all.  The relevant text prohibits States from imposing or applying a “voting qualification,” “prerequisite to voting,” or “standard, practice, or procedure,” in a manner that results in a denial or abridgement of the right to vote based on race.  52 U. S. C. §10301(a).  How States draw district lines does not fall within any of those three categories.   The words in §2 instead “reach only ‘enactments that regulate citizens’ access to the ballot or the processes for counting a ballot’; they ‘do not include a State’s … choice of one districting scheme over another.’” Therefore, no §2 challenge to districting should ever succeed.”

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