Scholarship@WashULaw

The Prospect of Bailing-in Texas: Initial Thoughts (1)

Document Type

Blog Posting

Language

English (en)

Publication Date

2018

Publication Title

Election Law Blog

Abstract

The three-judge district court overseeing the long-running Texas redistricting litigation recently ordered the parties to brief whether the State should be “bailed-in” under Section 3(c) of the Voting Rights Act for its unconstitutional conduct during the 2011 redistricting cycle. Section 3(c) authorizes courts to place States and political subdivisions that have violated the Fourteenth or Fifteenth Amendments under preclearance—a process that requires pre-approval of election-law changes by federal authorities. The prospect of Section 3(c) relief in the Texas redistricting litigation is the latest and perhaps most significant development for bail-in since Shelby County. Indeed, a Lone Star bail-in has been at the top of the agenda of numerous civil rights groups and, until recently, the Department of Justice.

Keywords

Election Law, Voting Rights, Redistricting, Gerrymandering, Supreme Court, Civil Rights, Electoral Law, Political Representation, Voter Suppression

Publication Citation

Travis Crum, The Prospect of Bailing-in Texas: Initial Thoughts (1), Election Law Blog (Sep. 13, 2018), https://electionlawblog.org/?p=101135

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