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Voting Rights Act Being Revived in the San Antonio Federal Court - It Aint Over Til the Fat Lady Sings

Voting Rights Act Being Revived in the San Antonio Federal Court - It Aint Over Til the Fat Lady Sings

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Published by: Editor on Jul 12, 2013
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07/12/2013

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The Editor: The Editor suggests that you read up on the Texasredistricting case still being argued in the federal district court inSan Antonio. On June 28, 2013, Texas asked the court todismiss the federal case that was filed against Texas'sredistricting map. (Posted next to this post) The grounds for theTexas action is the US Supreme Court ruling in Shelby County vEric Holder where the Supreme Court ruled that section 4(b)was unconstitutional because it relied on outdated formula. TheSan Antonio court denied the State of Texas' request to dismisson July 1, 2013. (Posted next to this post) On the same day, thefederal court issued a new order regarding attorneys' fees andasked parties to submit briefs on how Section 3(c) might impactthe case. (Posted next to this post) Section 3(c) of the VotingRights Act is referred to as the bail-in mechanism of the Act or as the bail-in trigger of the Act. This section gives federal courtan opportunity to apply preclearance requirements on jurisdictions which the court rules are engaged in practices thatviolate the 14th and 15th Amendments of the United StatesConstitution. Section 3 of the Voting Rights Act can beviewed in the post adjacent to this post. The first step for thecourt to apply Section 3(c) is that the court find intentionaldiscrimination. If intentional discrimination is established, thecourt has discretion to retain jurisdiction and impose preclearance, the bail-in of the political subdivision. If the court bail-in, the court has discretion to determine how long a jurisdiction remains bailed-in. You may read up on Texasredistricting by following Michael Li by linking to the post viathis blog's posted link.The Editor has included a Yale Law Journal article entitled:
"The Voting Rights Act’s Secret Weapon: Pocket Trigger 

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