By Richard Hasen
Within the first finished research of election legislation because the very best court docket determined Bush v. Gore, Richard L. Hasen rethinks the Court’s function in regulating elections. Drawing at the case documents of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political method circumstances to the landmark 1962 case, Baker v. Carr. The case opened the courts to a number of election legislations disputes, to the purpose that the courts now keep watch over and direct significant elements of the yankee electoral process.The preferrred courtroom does have an important function to play in preserving a socially built “core” of political equality ideas, contends Hasen, however it should still go away contested questions of political equality to the political technique itself. lower than this ordinary, a number of the Court’s most vital election legislation circumstances from Baker to Bush were wrongly made up our minds.
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Additional info for The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore
Justice Harlan dissented, both on grounds that the majority misinterpreted section 5 to apply to questions such as the choice between at-large and districted voting and on grounds that there were no standards for judging discriminatory purpose or effect: “[I]t is not clear to me how a court would go about deciding whether an at-large system is to be preferred over a district system. ”102 As for whether the Court properly interpreted the scope of section 5 of the act, Congress amended the Voting Rights Act a number of times without amending section 5, suggesting that at least subsequent Congresses were not dissatisﬁed with the Court’s approach in Allen.
141 In Williams, two minor political parties challenged Ohio’s extremely restrictive ballot access laws that made it virtually impossible for a new political party to have its candidate’s name placed on the ballot in presidential elections. ”142 The Warren Court rejected the argument, noting that the law favored the two major political parties: “There is, of course, no reason why two parties should retain a permanent monopoly on the right to have people vote for or against them. ”143 Although the Burger Court again rejected protection of the two major parties from political competition in Anderson v.
As for the amended section 2, the Court decided the leading case interpreting the act in 1986. In Thornburg v. Gingles,108 the Court tried to walk a ﬁne line between interpreting the act to require roughly proportional representation and a test that would make it difﬁcult for minority groups to prove discriminatory effect. 110 Although the Court has decided a large number of cases under the amended section 2 since Gingles,111 the Gingles framework has remained essentially intact. Yet the pressure section 2 creates on state and local jurisdictions to create majority-minority districts has been counterbalanced by the new Shaw cause of action.
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore by Richard Hasen