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Limiting the Inevitable Damage

Strict Scrutiny

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Is Section 2 of the Voting Rights Act a Race-Blind Plan?

Under existing Section 2 jurisprudence, in fact, you all would win. That's Alabama's argument that in order to do Section 2 properly, you have to be completely race blind. And as Justice Kagan pointed out, that hasn't the way the court has sort of thought about Section 2 previously. "It seems clear that under our existing precedents, the inquiry is complete," he says.

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