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February 13, 2012
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
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Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
June 24, 2009
/ 2 Tamuz 5769
Supremes shouldn't have ducked Voting Rights Act constitutionality
By
Robert Robb
http://www.JewishWorldReview.com |
Chief Justice John Roberts came to the U.S. Supreme Court with a mission. He wanted
the court to begin deciding cases on the narrowest possible terms and, if possible,
with less of a cacophony of squalling voices and intricately nuanced opinions.
The Roberts principle was on full display in the Voting Rights Act decision, written
by Roberts himself, the court issued on Monday.
A small utility district in Texas had sued to get out from under the preclearance
requirements of the Voting Rights Act. Under the act, the political jurisdictions of
some states, including Texas and Arizona, have to submit all changes in election
laws and procedures to the federal government for approval before implementing them.
The utility district was formed in 1987 and had no history of discriminatory
election practices. There is a provision for political jurisdictions to get out from
the preclearance requirement but the district was told that, since it wasn't
involved in voter registration, it was ineligible.
So, the district sued, asking the court to declare either that it was eligible to be
exempted or that preclearance unconstitutionally subjected equally sovereign states
to different federal treatment.
In his opinion, Roberts wrote that preclearance was, indeed, constitutionally
troubling. However, he also found that the district was eligible for an exemption,
and that the case could be decided on that narrow basis, so he didn't opine on
preclearance's constitutionality.
Seven other justices signed onto the Roberts opinion without offering independent
views, a rarity. Only Justice Clarence Thomas wrote separately, to say that he
agreed that the district was eligible for an exemption, but that the court should
also go ahead and say that preclearance was unconstitutional.
The Roberts principle is intended to keep the court constrained and provide greater
clarity and guidance to future litigants by forging greater consensus. But when an
important constitutional question is squarely before the court, as it was in this
case, ducking it disserves the body politic and unfairly burdens litigants.
The Voting Rights Act, when initially enacted in 1965, forbade certain practices
that had been used to prevent blacks from voting, such as literacy tests and poll
taxes. The preclearance requirement was intended to prevent Jim Crow states from
evading these prohibitions or devising new barriers. Preclearance was originally
scheduled to expire after five years, but kept getting extended.
When the Voting Rights Act was renewed in 2006, preclearance was extended for
another 25 years, until 2031. So, the election procedures for some states will have
been subjected to far more extensive federal oversight than others for 66 years.
In the meantime, the differences between the states in terms of minority voter
registration and voting have become statistically insignificant.
Because the court ducked the constitutionality of preclearance, the Texas utility
district now has to make its case to be exempted, an arduous legal undertaking. And
if it fails, it then has to go back to court to ask that preclearance be declared
unconstitutional.
Moreover, the language of the Roberts decision about the suspect constitutionality
of continuing the preclearance requirement is practically an invitation to litigate
just that issue.
Arizona should accept that invitation. Arizona's entrapment in preclearance is
positively Kafkaesque.
Arizona is subject to preclearance because in 1972 voter turnout was low and
bilingual ballots weren't used. But the federal government didn't require bilingual
ballots until the Voting Rights Act was amended in 1975. In other words, Arizona is
subject to preclearance because it didn't comply with a federal requirement before
it existed.
But no one not the utility district, not Arizona, nor any other political
jurisdiction subject to preclearance should have to relitigate the issue.
The constitutionality of preclearance was squarely before the court. It was fully
briefed and argued. It's an important issue affecting 16 states and some 12,000
political subdivisions.
The court shouldn't have ducked it.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JWR contributor Robert Robb is a columnist for The Arizona Republic. Comment by clicking here.
Robert Robb Archives
© 2009, The Arizona Republic
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