Scholarship@WashULaw
Originalism, Lived Experience, and the Twenty-Sixth Amendment
Document Type
Blog Posting
Language
English (en)
Publication Date
2024
Publication Title
Election Law Blog
Abstract
Next week, the Supreme Court will consider whether to grant cert in Cascino v. Nelson. The question presented in Cascino is whether Texas’s law allowing any voter who is sixty-five or older to request an absentee ballot violates the Twenty-Sixth Amendment, which prohibits age discrimination in voting. The Cascino litigation has been ongoing since the 2020 election cycle—when the COVID-19 pandemic heightened the case’s immediate stakes—and the Fifth Circuit’s initial decision upholding this facially discriminatory law attracted substantial attention. As I argued back in 2020, the Fifth Circuit’s egregiously wrong decision should be reversed.
Keywords
Twenty-Sixth Amendment, Originalism, Voting Rights, U.S. Supreme Court, Constitutional Law, Absentee Voting, Age Discrimination, Election Law, Judicial Interpretation, Constitutional Amendments
Publication Citation
Travis Crum, Originalism, Lived Experience, and the Twenty-Sixth Amendment, Election Law Blog (Apr. 10, 2024), https://electionlawblog.org/?p=142392
Repository Citation
Crum, Travis, "Originalism, Lived Experience, and the Twenty-Sixth Amendment" (2024). Scholarship@WashULaw. 751.
https://openscholarship.wustl.edu/law_scholarship/751