Travis Crum
@traviscrum.bsky.social
Professor of Law, Washington University in St. Louis. Writing and Teaching about Voting Rights and Constitutional Law.
If Section 2 compliance isn't a compelling state interest, how would it survive Boerne? Alabama has a jurisdictional statement in Milligan, and they'd argue it isn't congruent/proportional. I don't see much daylight here.
That said, I could see an argument that it could still survive Katzenbach.
That said, I could see an argument that it could still survive Katzenbach.
October 17, 2025 at 12:48 AM
If Section 2 compliance isn't a compelling state interest, how would it survive Boerne? Alabama has a jurisdictional statement in Milligan, and they'd argue it isn't congruent/proportional. I don't see much daylight here.
That said, I could see an argument that it could still survive Katzenbach.
That said, I could see an argument that it could still survive Katzenbach.
The second post argues that the Court's attempt to impose sunset dates on congressional statutes is deeply ahistorical and indefensible on originalist grounds:
electionlawblog.org?p=152514
electionlawblog.org?p=152514
Originalism and Expiration Dates #ELB
Tomorrow, the Supreme Court will hold a rare re-argument in Louisiana v. Callais on whether Section 2 of the VRA is unconstitutional as applied to redistricting. I’ve filed an amicus brief arguing tha...
electionlawblog.org
October 14, 2025 at 6:37 PM
The second post argues that the Court's attempt to impose sunset dates on congressional statutes is deeply ahistorical and indefensible on originalist grounds:
electionlawblog.org?p=152514
electionlawblog.org?p=152514
The first post addresses the limits and importance of Section 2 of the VRA. Those who are not familiar with this area of law may find this real-world example particularly illuminating:
electionlawblog.org?p=152512
electionlawblog.org?p=152512
Section 2's Limits #ELB
Sparked by Nick Stephanopolous’s amicus brief, there’s been discussion on this blog about Section 2’s limits and how that might impact tomorrow’s re-argument in Callais. To help readers understand the...
electionlawblog.org
October 14, 2025 at 6:37 PM
The first post addresses the limits and importance of Section 2 of the VRA. Those who are not familiar with this area of law may find this real-world example particularly illuminating:
electionlawblog.org?p=152512
electionlawblog.org?p=152512
Thanks to @epps.bsky.social and the folks at Wilkinson Stekloff LLP for their help on the brief.
September 4, 2025 at 1:10 AM
Thanks to @epps.bsky.social and the folks at Wilkinson Stekloff LLP for their help on the brief.
To quote the Onion: History sighs, repeats itself.
August 8, 2025 at 8:15 PM
To quote the Onion: History sighs, repeats itself.
I discuss it in The Unabridged Fifteenth Amendment and The Riddle of Race-Based Redistricting. The former paper excavates the original understanding of the right to hold office free of racial discrimination under 15A; the latter mentions it briefly at the end in relation to Section 2 of the VRA.
May 19, 2025 at 12:53 AM
I discuss it in The Unabridged Fifteenth Amendment and The Riddle of Race-Based Redistricting. The former paper excavates the original understanding of the right to hold office free of racial discrimination under 15A; the latter mentions it briefly at the end in relation to Section 2 of the VRA.
Thanks Eric and Rick!
May 9, 2025 at 3:14 AM
Thanks Eric and Rick!