A Cure Worse than the Disease?
Document Type
Article
Publication Date
2013
Abstract
The pending challenge to section 5 of the Voting Rights Act insists the statute is no longer necessary. Should the Supreme Court agree, its ruling is likely to reflect the belief that section 5 is not only obsolete but that its requirements do more harm today than the condition it was crafted to address. This short essay examines why the Court might liken section 5 to a destructive treatment and why reliance on that analogy in the pending case threatens to leave the underlying condition unaddressed and Congress without the power to address it.
Recommended Citation
Katz, Ellen D., "A Cure Worse than the Disease?" (2013). Public Law & Legal Theory Working Papers. 512.
https://repository.law.umich.edu/pub_law_archive/512