Discussion: This Case May Require Texas To Get Pre-Approval For Voting Law Changes

Smart people will overcome the barbarians. It just may take a long time.

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Sahil Kapur, thanks for explaining the meaningful distinctions in voting law cases like this, after the Supreme Court’s strike-down of part of the VRA last summer.

Making it necessary to prove intent seems like a handy way of rigging the system to ensure vote suppressors’ advantage in these cases. Plausible deniability is just too easy. So I’m surprised that the Texas court found discriminatory purpose in the latest Texas voter ID law. But I’m glad that we’re going to get to see how this thing – the Supreme Court’s vision of a ā€˜modernized’ VRA – plays in real life.

I’m not going to get too hopeful that Texas will end up in the penalty box. The system is too rigged and the SC is too willfully obtuse.

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I’m sure the Supreme Court will fix it for Texas.

Oh for heaven’s sake. Think.

The Constitution has no explicit mention of marriage either, but all citizens have a Constitutionally-guaranteed right to do it.

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This other TPM story might be relevant, no? http://talkingpointsmemo.com/livewire/study-voter-id-whites-african-americans-photo-support

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It’s a right-wing talking point and it is so wrong it isn’t funny. Yet they pronounce it like it’s some eternal verity. It goes to their essential stupidity. The right to vote is, in fact, mentioned in the constitution:

AMENDMENT XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude–

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Fascinating. Horrifying. Nauseating.

It makes you realize just how terribly gullible and naĆÆve the right-wing base is, that something explicitly in the Constitution can be thought by them to be not there and they don’t even bother to look it up!.

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I’m very curious to know why you think that. Did someone you trust tell you that? Have you ever tried to look it up in the Constitution? Do you usually just accept at face value what some people tell you about politics and government? If so, you are one of the principal problems with politics today.

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A great deal of civil rights law is based on the opposite presumption - that there can, indeed, be a difference between intent and outcomes.

People and entities get in trouble for discriminatory effects, without any discriminatory intent, all the time. This is one of the cornerstones of how modern civil rights law works.

So concluding that intent and outcome must be linked is not a good doctrine.

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I see photos of Rick

I always think evolutionary "Teanderthal’…

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True.

I was trying the much harder thing – you know, trying to illustrate that whole ā€˜unenumerated rights’ concept that’s crucial in understanding the U.S. Constitution.

But yeah, they could literally look that one up. Of course, they’d still have to do a bit of reasoning to understand that by forbidding the deprivation of peoples’ right to vote, the Constitution is implying an understood right to vote.

Heh. Throw a double negative at 'em and they’ll have to take aspirin and go to bed with a headache.

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Some how karma is catching up with Texas. The first case of Ebola in the country and what an organized response from that private hospital, just brilliant.
Now the voting rights of every person in Texas in on the line because some Texans believe in so much privelage you can’t vote unless you are a conservative.

Rick Perry tipafies everything that is wrong with Texas. This is what happens when you elect a Governer who is a hair shy of being unhinged.

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Sorry. I see how it reads now that you have pointed it out to me, I was intending to be sympathetic to those who have been the victims of discrimination. My point about what ā€œpeople may have feltā€ was to emphasize the law’s position in favor of people who, though not able to ā€˜hang their hat’ on a discriminatory act, were nevertheless entitled to full protection under the law. And rightly so.

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You have a real point about the amorphous nature of discrimination and the difficulty of proving it. Thanks for the reply.

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I hope that those who are discriminated against by the wave of voter suppression laws get the same protection as those who have suffered while seeking housing. In the housing scenario, the bad actors are mostly private citizens working within the realm of private enterprise. But in the voting scenario, the bad actors are public servants and government employees who are working under the authority of the government to destroy the franchise it was intended to protect and grow.

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Thanks very much for the reply, especially a very relevant point about intent.

The right to vote is mentioned five times in the Constitution, Beejy-boo. Do your homework or GTFO, and since I’ll be discussing your case with a mod very soon it may not even be an issue. Bye-bye Beejy!

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