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Leaving The Thicket At Last?, Luis Fuentes-Rohwer, Laura Jane Durfee
Leaving The Thicket At Last?, Luis Fuentes-Rohwer, Laura Jane Durfee
Articles by Maurer Faculty
Across the spectrum of ideas debated within the law of democracy, the view is nearly unanimous that the Justices must lead the way toward a better democracy. And yet, as we argue in this Essay, the Court’s handling of the problems since its initial intervention in Baker v. Carr has been nothing short of a mess. Debates in this area offer modern instances of a Court that cares little about doctrinal consistency and judicial craftsmanship, of Justices that care less about compromise and common ground and more about expressing their deeply held views about politics, democracy, and the law. In …
Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer
Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This is an article about the Voting Rights Act of 1965 and its curious handling by the U.S. Supreme Court. When the Court examines the constitutionality of the Act, for example, it blindly defers to the work of Congress, unwilling to subject the statute to any meaningful scrutiny. In contrast, this posture of deference for questions of constitutional law differs greatly from the Court’s posture when interpreting the language of the statute. This is an area where the Court defers to no one, even when the text of the statute or the clear intent of Congress demands a different outcome. …