Scholarship@WashULaw
Racially Polarized Voting and the Fifteenth Amendment
Document Type
Blog Posting
Language
English (en)
Publication Date
2020
Publication Title
Election Law Blog
Abstract
In yesterday’s post, I outlined how originalist Justices have conflated the Reconstruction Amendments and applied Fourteenth Amendment principles in Fifteenth Amendment cases. In today’s post, I challenge the application of colorblindness to the Fifteenth Amendment.
In recent years, the conservatives on the Court have questioned the legitimacy of anti-discrimination statutes that impose liability without a showing of discriminatory intent. According to the conservatives, discriminatory-effects standards unduly inject racial considerations into the decision-making process, raising constitutional concerns. This critique evolved from the colorblind view of the Equal Protection Clause and has now migrated to the voting rights realm.
Keywords
Fifteenth Amendment, Constitutional Law, Racially Polarized Voting, Voting Rights
Publication Citation
Travis Crum, Racially Polarized Voting and the Fifteenth Amendment, Election Law Blog (Jan. 30, 2020), https://electionlawblog.org/?p=109174
Repository Citation
Crum, Travis, "Racially Polarized Voting and the Fifteenth Amendment" (2020). Scholarship@WashULaw. 712.
https://openscholarship.wustl.edu/law_scholarship/712