Why Section 5 of the Voting Rights Act may be going away.

[Draggingtree]

RedState: Why Section 5 of the Voting Rights Act may be going away.

By: Moe Lane (Diary) | June 22nd, 2013 at 10:00 AM

 

Justice Anthony Kennedy is apparently spreading marmalade on his English muffins again:

 

During oral arguments in the Voting Rights Act case, a majority of justices appeared prepared to turn aside the solicitor general’s argument that the law’s requirement that jurisdictions with a track record of racial discrimination preclear any changes to their voting systems with Washington. Justice Antonin Scalia dismissed this feature of the Voting Rights Act—arguably the most important piece of civil-rights legislation in American history—as a distasteful “racial entitlement.” Justice Anthony Kennedy, the swing justice, recognized the historical value of the act but nonetheless suggested that the method of identifying which jurisdictions are subject to the requirement had become, over the years, “improper.” “Well, the Marshall Plan was very good, too,” he said, “but times change.”

 

[Draggingtree]

June 20th at the Supreme Court

By: davenj1 (Diary) | June 21st, 2013 at 07:19 AM

 

Yesterday, the Court announced decisions in three cases. Unfortunately, none of them were among the big 4 remaining cases: DOMA, Proposition 8, affirmative action in college admissions and Voting Rights Act. Each case decided, however, is interesting in its own right with one decision somewhat controversial involving free speech. The first case, Descamps vs. United States involves the Armed Career Criminal Act. This law specifies enhanced sentences for repeat criminals, especially those that use firearms in commission of a crime. Others call this the federal “three strikes” law. Other crimes like arson, extortion and burglary which do not involve a firearm are also included. Traditionally courts use what is known as the categorical approach when determining if a previous crime matches the criteria of the current crime for which the defendant was convicted. If so, then it follows that the preceding crimes count, in effect, as “strikes” and the current offense receives the most severe punishment. However, if the person is convicted of a current crime with a single set of indivisible elements, there is no way the categorical approach can be applied. In such a case, the defendant cannot be considered a “career criminal” within the definition of the federal law and they would have to be sentenced to the least severe punishment. In practical terms, what this means is that it will be more difficult in the future for prosecutors to seek harder sentences under the “three strikes” rule. Kagan wrote the decision which was 8-1 with Alito in dissent.

Next week, the Court is scheduled to meet on Monday the 24th. It is their final scheduled

http://www.redstate.com/davenj1/2013/06/21/june-20th-at-the-supreme-court/