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Will The Supreme Court Send The Vra’S Biggest Sunset Provision Into The Sunset?: Northwest Austin Municipal Utility District Number One And The 2006 Reauthorization Of Section Five Of The Voting Rights Act, Cameron Eubanks
Cameron W Eubanks
The D.C. Circuit correctly decided Northwest Austin Municipal Utility District Number One v. Mukasey. The court subjected the 2006 reauthorization of § 5 of the Voting Rights Act to the rational and appropriate test announced in South Carolina v. Katzenbach. Under this test the court found that Congress had a rational basis to extend § 5 based on evidence of continued racial discrimination in voting. On review, the Supreme Court will uphold the § 5 reauthorization in spite of the congruent and proportional test announced in City of Boerne v. Flores which is used to review enactments passed pursuant to …