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What Next: Amicus: Justice Ketanji Brown Jackson Gives SCOTUS a History Lesson

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Is the Voting Rights Act Unconstitutional?

Elena Kagan: Under our precedent it's kind of a slam dunk. I think one of the things that was so complicated at oral argument was trying to understand what Alabama's solicitor general Edmund Laker was even asking for the new test to be. The Voting Rights Act was amended in 1982 because states had drawn their maps in a way that locked black voters out of the political process and so it has always been about changing the way in which states do business not about letting them continue to do the same thing.

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