1. Real talk: only 9 states were covered in toto by the preclearance formula struck down in 2013, 10 if you count NC. Tennessee, Arkansas, Missouri, West Virginia, & Kentucky weren't covered, nor most of Florida. Northern states like OH & WI weren't covered.https://twitter.com/vanitaguptaCR/status/1284466593058127872 …
But the right is already in the constitution, as far as race. The question is enforcement mechanisms. My preference is just to accelerate the litigation of challenges. Preclearance is a relic of massive resistance.
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But if one party unanimously, for its own partisan reasons, won’t undertake revising the law, you see the problem. SCOTUS created a problem, but did not solve any.
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And again—Ginsburg was right. The law, at least under a Democratic administration, prevented Southern state’s from doing what they **immediately** started doing after Shelby County. But Rs don’t want to do anything about. They’d rather limit black turnout and registration
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Honestly, this might be a solution: apply strict scrutiny to anything that makes voting more difficult and accelerate litigation of challenges. The big problem w/Shelby County was the refusal to acknowledge that Congress was no longer functional & would just let the VRA die.
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Of course. They didn’t have to grant very. They didn’t have to overturn any of it. Having done so, it became impossible to pass a new law because Republicans cynically now support voter suppression.
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