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Constitutional Law

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Elisabeth Haub School of Law Faculty Publications

1992

Civil Rights

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Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin Jan 1992

Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

In Chisom and Houston Lawyers' Association, the Court declined to address two substantive issues critical for pending and future litigation challenging the at-large election of state judges. The Court expressly stated that it would not decide the elements that must be proved to establish a violation of section 2 or the remedy that would be appropriate for a violation proven in the context of a judicial election. Part II will discuss the Chisom and Houston Lawyers' Association decisions. Analysis of these decisions, combined with a review of the legislative history, supports the Court's view of the amended section 2. In …