Shelby County v. Holder, decided Tuesday, struck down a key part of the Voting Rights Act (the part requiring certain states with a history of racial discrimination in voting to obtain federal permission in advance to change their voting procedures—called “preclearance”) as violating the “fundamental principle of equal sovereignty” of the states. This is a principle of constitutional law of which I had never heard—for the excellent reason that, as Eric points out and I will elaborate upon briefly, there is no such principle.There is no greater condemnation of a legal opinion in our system of jurisprudence than -- THEY MADE IT UP.
Friday, June 28, 2013
That perfectly sums it all up...
Richard Posner is no "liberal" judge, thought he is a respected and conservative one. He had an interesting statement to make about Chief Justice Robert's reasoning in overturning the Voting Rights Act...and it is on the nose: