| Abstract: | Congress will soon review key provisions of the Voting RightsAct (VRA). A perennial concern has been the act's effect onfederalism. In 1982, Congress amended the VRA both to preventdiscriminatory electoral outcomes and to enhance minority politicalpower. Since the 1990s, the Supreme Court has adjudicated theVRA in a way that limits states' use of race to protect thatpower. An informal alliance has since emerged between Congress,the Justice Department, states, and minority voters againstwhat they view as a retrogressive voting rights jurisprudence.This article will argue that Congress should restore state autonomyto use race as a remedial factor when districting by reaffirmingthe spirit and intent of the 1982 amendments. |
