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Old 06-25-2013, 08:22 AM  
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SCOTUS Strikes Down Part of the Voting Rights Act

5-4 decision written by the Chief Justice, the 4 liberals dissent.

Section 4 of the VRA is gone, but the court ruled very narrowly, leaving section 5 in place, but until congress replaces section 4, section 5 is not going to be enforced.

In plain english, at this moment the preclearance requirement for southern states in congressional redistricting and changing election laws is gone until congress revises their formula. Back in the 60's, the formula they used to decide which states were so racist that they needed oversight may have made sense, but the formula is now badly out of date, and congress needs to take a close look at where, if anywhere, the preclearance requirement is still needed.
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Old 06-25-2013, 08:39 AM   #2
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The court will release their gay marriage decisions tomorrow morning.
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Old 06-25-2013, 08:40 AM   #3
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Quote:
Originally Posted by alnorth View Post
... but until congress replaces section 4...
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Old 06-25-2013, 09:44 AM   #4
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Seriously though, what happens if (as seems highly likely) Congress is unable to ever pass a replacement for section 4? Section 5 is essentially just struck down?
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Old 06-25-2013, 09:56 AM   #5
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Quote:
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Seriously though, what happens if (as seems highly likely) Congress is unable to ever pass a replacement for section 4? Section 5 is essentially just struck down?
Yep. Until congress updates section 4, though section 5 still exists it would apply to nobody.

On that note, I just read through the opinion. I think there is a very, very strong chance that there are 5 votes to strike down section 5, but they did not do so out of Roberts' desire to only do the absolute minimum when striking down laws. The Thomas concurrence points out that the opinion gives a very strong argument that section 5 is no longer constitutional under any formula, but they are needlessly dragging out its demise with this limited decision.
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Old 06-25-2013, 10:11 AM   #6
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Quote:
Originally Posted by alnorth View Post
Yep. Until congress updates section 4, though section 5 still exists it would apply to nobody.

On that note, I just read through the opinion. I think there is a very, very strong chance that there are 5 votes to strike down section 5, but they did not do so out of Roberts' desire to only do the absolute minimum when striking down laws. The Thomas concurrence points out that the opinion gives a very strong argument that section 5 is no longer constitutional under any formula, but they are needlessly dragging out its demise with this limited decision.
That seems pretty consistent with Roberts' tendencies as a minimalist.
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Old 06-25-2013, 10:12 AM   #7
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Good. Hopefully more of this outdated legislation can go away. It's no longer needed.
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Old 06-25-2013, 10:40 AM   #8
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Quote:
Originally Posted by FD View Post
That seems pretty consistent with Roberts' tendencies as a minimalist.
He's a minimalist and he okay'd ACA?

No he just tends to respect legislatures more.
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Old 06-25-2013, 11:10 AM   #9
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Some good points, imo, from the actual decision. If someone cries for a link, go download the pdf because that's what I had to do:
The Federal Government does not, however, have a general
right to review and veto state enactments before they go
into effect. A proposal to grant such authority to “nega-
tive” state laws was considered at the Constitutional
Convention, but rejected in favor of allowing state laws to
take effect, subject to later challenge under the Supremacy
Clause. See 1 Records of the Federal Convention of 1787,
pp. 21, 164–168 (M. Farrand ed. 1911); 2 id., at 27–29,
390–392.

Outside the strictures of the Supremacy Clause, States
retain broad autonomy in structuring their governments
and pursuing legislative objectives.
Indeed, the Constitu-
tion provides that all powers not specifically granted to the
Federal Government are reserved to the States or citizens.
Amdt. 10. This “allocation of powers in our federal system
preserves the integrity, dignity, and residual sovereignty
of the States.”
Bond v. United States, 564 U. S. ___, ___
2011) (slip op., at 9).


But the federal balance “is not just an end in itself: Rather,
federalism secures to citizens the liberties that derive from
the diffusion of sovereign power.” Ibid. (internal quotation
marks omitted). More specifically, “‘the Framers of the Constitution
intended the States to keep for themselves, as provided in
the Tenth Amendment, the power to regulate elections.’”
Like I've been saying, all along for years. So, I don't see this as any punt.
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Old 06-25-2013, 11:11 AM   #10
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Originally Posted by Garcia Bronco View Post
Good. Hopefully more of this outdated legislation can go away. It's no longer needed.
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Old 06-25-2013, 11:12 AM   #11
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^^ Constitution hater. ^^
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Old 06-25-2013, 11:15 AM   #12
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So I see the piece of shit liberals all huddled again to vote 4-0. Like all liberals, the hive mentality has totally overtaken their entire being.


Can we stop the charade and just put them down 4-0 before any case is heard? Why go thru the motions and pretend these flea bags are actually studying the merits?
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Old 06-25-2013, 11:23 AM   #13
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So I see the piece of shit liberals all huddled again to vote 4-0. Like all liberals, the hive mentality has totally overtaken their entire being.


Can we stop the charade and just put them down 4-0 before any case is heard? Why go thru the motions and pretend these flea bags are actually studying the merits?
Pretty much. Especially, when it puts some limits on the Federal government so they can expand it creating all sorts of fake natural rights.

Oh and the real liberals, were the Framers...not these statists claiming to be.
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Old 06-25-2013, 11:30 AM   #14
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^^ Constitution hater. ^^
I'm not a hater of the Constitution, but neither am I so vapid to believe that it is a sacrosanct, inerrant document beyond reproach.
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Old 06-25-2013, 11:43 AM   #15
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Quote:
Originally Posted by BucEyedPea View Post
Pretty much. Especially, when it puts some limits on the Federal government so they can expand it creating all sorts of fake natural rights.

Oh and the real liberals, were the Framers...not these statists claiming to be.
But why even have them show up? I mean, we all know what the "wise latina woman" will think on every single issue, just let her stay home. Just put in her vote before the case is even started so we can save the charade and the pretense that she's actually deciding the merit of a case.
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