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Reconstructing Section 5: A Post-Katrina Proposal for Voting Rights Act Reform |
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Damian Williams [View as PDF]
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116 Yale L.J. 1116 (2007)
Section 5 of
the Voting Rights Act (VRA)—the preclearance provision that is the most
potent weapon in the nation’s civil rights arsenal—quietly suffered an
unexpected defeat in the aftermath of Hurricane Katrina. The “static
benchmarking test” used to administer section 5 failed to fulfill a
core VRA mandate: the preservation of minority political power. This
Note provides the first critical account of this failure and argues
that it transcends the specifics of Katrina. The Note then proposes a
narrowly tailored doctrinal “fix” to resurrect section 5’s enforcement
powers after a disaster.
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