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View Diary: The Voting Rights Act has been gutted (301 comments)

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  •  Apply Sec 5 nationwide! (6+ / 0-)

    If the most recent section 4 "formula" is ruled unconstitutional because "our nation has changed", well, then, what stops the Justice Dept. from issuing new regulations which simply apply Section 5 nationwide?

    After all, the majority ruled Section 5 constitutional, even if only by omission. It is absolutely the duty of the Executive branch to now figure out how to apply the still-valid parts of the VRA, isn't it!

    •  The formula is part of the law... (3+ / 0-)
      Recommended by:
      Adam B, apimomfan2, VClib

      ...which means that the Justice Department can't just change it.  It needs to be changed in congress, and we know how likely that is to happen right now...

      Political Compass: -6.75, -3.08

      by TexasTom on Tue Jun 25, 2013 at 11:02:41 AM PDT

      [ Parent ]

      •  That's one interpretation (0+ / 0-)

        Another would be: absent any newly-enacted formula, and in light of the recent court ruling, apply the "no formula"!

        Sure, that wasn't how Congress intended it to be applied--originally. But that's our constitutional system: the courts get to give the definitive interpretation, and the executive has to apply the law as interpreted by the courts.

        Of course, the court may then come right back and say that the "no formula" interpretation is wrong. But that's a different court case--let's cross that bridge when we come to it. If and when that does get litigated, it'll be a great opportunity to showcase the ongoing discrimination minorities face, wouldn't it!

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