Political Observet with help from ‘Katzenbach, 383 U. S., at 328 and 329 etc. Opinion and Dissent’ and ‘https://www.law.cornell.edu/supremecourt/text/12-96#writing-12-96_DISSENT_5’
Jul 06, 2026
Posted on September 25, 2025 by stephenkmacksd
Political Observer comments.
Sep 25, 2025
Editor: The curious reader just needs to seach below!
Katzenbach, 383 U. S., at 328 and 329 etc. Opinion and Dissent
Posted on June 27, 2013 by stephenkmacksd
https://www.theguardian.com/books/2025/sep/21/listening-to-the-law-review-amy-coney-barrett
Political Observer.
Justice Ginsburg, with whom Justice Breyer, Justice Sotomayor, and Justice Kagan join, dissenting.
In the Court’s view, the very success of §5 of the Voting Rights Act demands its dormancy. Congress was of another mind. Recognizing that large progress has been made, Congress determined, based on a voluminous record, that the scourge of discrimination was not yet extirpated. The question this case presents is who decides whether, as currently operative, §5 remains justifiable,1 this Court, or a Congress charged with the obligation to enforce the post-Civil War Amendments “by appropriate legislation.” With overwhelming support in both Houses, Congress concluded that, for two prime reasons, §5 should continue in force, unabated. First, continuance would facilitate completion of the impressive gains thus far made; and second, continuance would guard against backsliding. Those assessments were well within Congress’ province to make and should elicit this Court’s unstinting approbation.
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https://www.law.cornell.edu/supremecourt/text/12-96#writing-12-96_DISSENT_5
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