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Civil Rights and Discrimination

Maurer School of Law: Indiana University

2014

Voting Rights Act

Articles 1 - 2 of 2

Full-Text Articles in Law

Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2014

Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.


State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles Jan 2014

State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

There are two ways to read the Supreme Court's decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of race …