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Response to Lee-Lee (Reply #5)

Thu Aug 22, 2013, 03:02 PM

7. Talking Points Memo has good explanation as to why Texas was first


It seems pretty clear that the Justice Department is testing out the extent of its powers under Section 2 of the Voting Rights Act against Texas first because Texas is a much stronger case. Itís not easy to prove intentional discrimination, which is the bar that DOJ must now meet, since the Supreme Courtís June decision that Section 4 of the Voting Rights Act was unconstitutional. But lucky for DOJ, a federal court has already ruled in an earlier case that a Texas redistricting map was deliberately discriminatory. That gives DOJ a leg up as it argues that Texas should be subjected to stricter oversight under the law. Todayís new effort by DOJ to block the Texas voter ID law follows the same basic theory.

It is hard to prove intentional discrimination and there were judicial findings of discrimination in the Texas cases. The DOJ will have an easier time in Texas but it appears clear that North Carolina will be targeted.
This is the DU member formerly known as Gothmog.

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