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and mild for us is with us use the senior counsel to the brennan senator
bentsen heard that word
the website
senior counsel
head lawyer ***
welcome to the program
thank you god for having me uh...
and thank you for joining us e i'm
curious your thoughts on
this
argument is going to for the supreme court
could conceivably be or wallop
uh... the the voting rights act of if i have this correct
and has the details
sore
for generations devoted like i could have been instrumental in protecting the
fundamental right to vote it is one of our
landmark civil rights laws
and on february twenty happened
shelby county alabama in challenging a very important and effective provisions
the voting rights act called section five are sometimes it's called the
pre-clearance progression
uh... or what
that part i would be voting right act does
and requires certain places
that had a documented history
voting discrimination
please admit any change they want to do q election procedures that either the
department of justice or a federal district court before it goes into
effect on
and it will not go into a factor
unless it can be established
that uh... the change would not make minority voters were stopped before that
it did not come
it is not enacted to try and make minority voters worked hard
this is an incredibly
important part of the voting rights act because it
stop
discrimination uh... before it occurs right and typically this was an force
against basically southern girl confederate states
event that they could have had again had documented history and uh...
bridges terminated but historically that there who was or whom
was there not a huge overlap
between the states that that have been that impact yet so i i'm curious
anything you know i i i i also wanted to use it on sun
on how this is gonna play allen who's behind it what's going on on but also
it seems to me that if he had pennsylvania for example you know if
there was consummation
you get states that are at the were not part of a confederacy that are not
subject to oversight
by the voting rights act
because there hasn't been this this history of of discrimination there
passing
voter i_d_ laws that are
nakedly
established
to diminish the role of minorities in the in the electoral process should
money right afterwards at the
spanish in the d_l_j_ be saying it within that we're seeing more of this
kind of this commission
uh... i think that you are tacking on an incredibly important and interesting
point but there's a bit of completion i'd like to i'd like to clarify six p_m_
uh... their and a provision of the voting rights act called section two
which doesn't
apply nationwide it allows ah...
uh... enlightened partner capital at a private individual
to go after a long time
that
make yet difficult time
poor
at community dot car to elect their technical challenges what i'm saying is
there for a deal on hold
mayor that have to do with it being done under state law class back in
the duckling supervision is a particular poor that is targeted and narrow
to particular iron
jurisdiction because it is
a at very specific
uh... reaction to a very specific history
and it
uh...
and and it was a big on a lot of analysis and a lot of thought and a lot
of research by congress
and to wear
but tool should be applied applicant competitive blocking uh... log before
they're allowed to take a back we wont it to be carefully crafted we wanted to
be able to apply only in circumstance as
and where it is needed
and uh... the way that section five it divides now
of eight applied to any protective voters in those areas that are most
likely to need
uh... need that kind of protection
right we'll tell you a murderer as the senior counsel to burn center
is a burn center dot org crystals that is it not pretty much the case that the
argument that's been brought before the supreme court is
moon discrimination anymore the node rides in this car we'd only this law
anymore
there apparently have a lot of development uh...
that are present in in the argument that count very much like what you could just
add the idea that
that discrimination at the time of the pap and that and we've made at progress
but it's no longer uh... timely
and i think that there's no big deal
that we have a nation have made an enormous progress in terms of racial
equality in terms of the ending formal discrimination
in our elective or probable
but if not the case that discrimination that that happened
uh... you know just over the plumber ape
three judge federal court found that the state of detective in intentionally
discriminated not accidentally in potentially discriminated
against its minority voters when they were going to pick one and and we have a
number of
example sandwich
uh... we skillfully discriminatory element and uh... consequently we needed
rubbing like connection five which will make sure that we stop
discriminatory practices before they were able to infect our electoral do you
think that the either one of the early indications about how the court might
rule
the court has uh... the court had had big issue
but before that
many times and you know uh... after the voting right act a little bit of a voted
off bipartisan almost unanimous plea to continuing to gotten sick someone women
and challenged at component but in the past every time the capable of before
purple hearts supreme court
it's been a panel
uh... the record with aluminum congress spent a lot of time
listening to the evidence looking at the record
uh... hearing from expert
and
the fifteen commitment of accomplishment given congress the power to china and
racial discrimination when voting so op i think that the court is going to do
the right thing i think the court is going to do the constitutional bank
and it's going to
uh... give congress the depan that it in entitled under the fifteen th amendment
into uh... to try and root out racial discrimination in voting
i you know from you listed does yours i hope you are right
uh... i'm but i'm hearing
you know that a lot of people are actually quite spooked by those
i mean i'm not even a
believer in judicial review of i think
marbury was wrongly decided so but over all over you want to get into a rebel
the court but diet
that that
the partisanship the naked partisanship on this court has gotten so extreme
recently i mean he dedicates this week that has been delayed for a sec
where where
both sides were an agreement there was no actual claim and they appointed a
third party to proved to bring forward a a frantic work briefed it to basically
so that they could create on his bizarre what these guys are doing
and i think i i i don't mind hearing your concern but i think the uh... the
lost in net is it
it's pretty easy to fifteen th amendment
uh... it very clear about what congress is powers markham hand and this is not
aidid vision that congress undertook lightly their worm you know there was
more than twenty hearings that was
fifteen thousand pages of documents
you know unknown number of witnesses and at the decision was made out of the don
fehr very recently we have just just a couple seconds left what would be the
constitutional argument to say
he considers the we no longer have discrimination what would be
how could they blowed up our constitutional basis
how could be apartment five court and i think you know if there are were to rule
against the voting rights act
uh... the enemy all the way controlling what work would be a little saying that
alleged over extension of congress's power going over and i don't think that
that's a possible
to get them
the kingdom amendment ensure that the right to vote if not then i don't have a
great and get comically according to protect you
it's pretty straight forward stuff
very very interesting ameripros thanks so much for the enlightenment capital
artifact lifetime by with lots of senior counsel of the plants and plants animals
and plants believed thank you so much through that