Section 5 of the Voting Rights Act

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. Joe says:

    One concern here is that the law is underinclusive (to address the narrower subject range of the 15A) since non-covered areas like Ohio are areas where voting practices were a concern in recent years.

    Federalism and equality of the states (apparently why Art. IV is cited) still remains a concern, if less so given the lesser range of possible federal regulation in this area. Possible rational basis with teeth de facto test applied with underinclusiveness at some point an issue.

    Use of possible racial discriminatory practices in Ohio to attack the law is a crafty strategy that is sure to arise at some point.