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Roberts: Rick Hasen predicts Roberts would vote against constitutionality of Section 5

Rick Hasen writes on his Election Law blog: In my recent L.A. Times oped, I wrote about Judge Roberts' views on the 1982 Voting Rights Act amendments. He strongly opposed efforts to expand the Act to make it easier for members of protected minority groups to prove claims of vote dilution:

In these documents, Roberts wrote that the new Section 2 would "establish a quota system" and "provide a basis for the most intrusive interference imaginable by federal courts into state and local processes." He added that it "would be difficult to conceive of a more drastic alteration of local government affairs."

Imposing the new Section 2 nationwide, he concluded, would be "not only constitutionally suspect, but also contrary to the most fundamental [tenets] of the legislative process on which the laws of this country are based."


I concluded that these views provide a good indication that if Judge Roberts is confirmed to the Supreme Court, he would well cast the deciding vote holding that a reauthorized section 5 goes beyond Congressional power under the Court's recent federalism jurisprudence. -- Election Law: How Would a Justice Roberts Vote on the Constitutionality of a Reauthorized Section 5?

The whole post is worth reading. Read it and consider what is at stake, or as a brochure I received from the NAACP Legal Defense Fund (on a different point) today said, "If you think the struggle is over, think again."