The Supreme Court and Election Law: Judging Equality from by Richard Hasen

By Richard Hasen

Within the first accomplished research of election legislations because the best court docket made up our minds Bush v. Gore, Richard L. Hasen rethinks the Court’s position in regulating elections. Drawing at the case documents of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political technique instances to the landmark 1962 case, Baker v. Carr. The case opened the courts to various election legislation disputes, to the purpose that the courts now keep an eye on and direct significant features of the yankee electoral process.The ultimate court docket does have a vital position to play in maintaining a socially built “core” of political equality rules, contends Hasen, however it may still go away contested questions of political equality to the political procedure itself. less than this ordinary, a number of the Court’s most crucial election legislation instances from Baker to Bush were wrongly determined.

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Extra resources for The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore

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Cases that would have been brought as constitutional Equal Protection cases appeared instead as section 2 cases. The story of the Equal Protection Clause and race in elections might have ended there had it not been for a shift in the Supreme Court toward a more conservative majority. Responding to state and local redistricting plans creating sometimes oddly shaped majority-minority districts—districts that the Justice Department’s aggressive (but not necessarily incorrect) interpretation of the Voting Rights Act appeared to require—the Court in the 1993 case of Shaw v.

139 Most recently, in California Democratic Party v. Jones,140 the Court held that California voters could not force political parties to open their primaries to any registered voter. Both this case and Bandemer dictate the ground rules for political activity and thereby raise equality questions. However, the political party cases with the most obvious implications for political equality concern the rights of third parties and independent candidates to ballot access and other government benefits.

The election rules limited the franchise to voting by certain descendants of Native Hawaiians. Whether or not the voting scheme would fall into the Salyer exception, the Court held the rules violated the Fifteenth Amendment’s prohibition on discrimination in voting on the basis of race. The Supreme Court of Political Equality | 29 Race Pre-Baker Race Cases The Supreme Court considered claims that state and local voting laws discriminated on the basis of race well before the Baker revolution. But the Baker revolution coupled with the civil rights movement likely emboldened the Court to become more active in this area.

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