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SullivanSt's avatar

Big part of the reason for the rarity of section 3 cases is the height of the bar that must be cleared - DOJ must prove intentional racial discrimination, and that has happened openly outside of the section 4 jurisdictions very often. Of course, the redistricting smack down <em>did</em> have a judge acknowledging intentional racial discrimination, but there was no need at the tine, and hence no request for, "bail-in".

The other issue with section 3 is the court which monitors per clearance is the circuit which covers the state, cf section 5 where the cases all go to the DC circuit, so there's also the matter of encountering ultra conservative judges who don't give a crap what the law is as long as their side wins.

Anyway, section 3 is the very model of what the decision striking section 4 down says VRA type legislation should look like, they'd have to engage in really breathtakingly shocking hypocrisy, even measured by their own exacting standards, to strike it down too.

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bobbert's avatar

Re: a) Seems like a partial success in the NASA sense, unless the alcocubes melted on their way to the punchbowl.

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