(4) There are a few ways that this could shake out. One distinct possibility is that if the three-judge panel in Texas agrees with Holder and subjects Texas to the “bail-in” provision, Section 3 of the VRA will wind up before the Supreme Court — which could potentially result in the end of preclearance in its entirety. Rick Hasen explains that it also might affect how Congress proceeds with passing a new preclearance formula for the VRA, after the Supreme Court struck down the old one: DOJ’s move on bail-in is going to be used by opponents of a new coverage formula. As noted above, opponents of a new coverage formula will argue that the bail-in possibility shows the new coverage formula is no longer necessary (either because Texas’s coverage shows that bail-in is enough, or the Court’s refusal to cover shows that blanket coverage is not necessary, if it is not even required for a state to have engaged in recent racial discrimination in its voting rules like Texas).
Posted on: Fri, 26 Jul 2013 13:42:09 +0000
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