Skip to main content

View Diary: Antonin Scalia shows once again what a vile creature he is (169 comments)

Comment Preferences

  •  Even Justice Kennedy expressed doubts (0+ / 0-)

    at one point noting that Alabama's voting regime would not pass muster under any re-approved VRA, saying to Shelby County's lawyer that they should deal with “the hypothesis” that any formula Congress could reasonably adopt would capture Alabama, so 'why would Alabama have a right to complain?'  So there is some glimmer of hope that the opinion ultimately rendered in the case might not end the question.

    •  I'm not sure how much that's worth (0+ / 0-)

      I haven't read the briefs, so I'm guessing at the argument, but some kind of standing argument, along the lines of there's no injury, because a reauthorized VRA would also subject you to preclearance?  Or some kind of advisory opinion worry?  

      Anyway, if that's the argument, I don't know how it holds up.  Just because a future, hypothetical law may catch you in its net, the constitutionality of the law as it is currently drafted is what's under question.  I don't think you can challenge standing based upon potential future reenactment of another version of the law under Court review.  In the meantime, Shelby County is subject to the law, and it would be a real act of mental acrobatics to say somehow they lack standing.*

      *Not that mental acrobatics would be new for this Court!  After all, they are the ones who were fine calling the health care mandate fines both a tax for one purpose, and not a tax for another purpose.  

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site