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How to Disagree
Advisory Opinions
The Role of Historical Context in Voting Rights Litigation
Voting rights cases increasingly rely on historical context rather than solely on demographic outcomes. The analysis of cases, like the Supreme Court's recent review of Alabama's voting map, demonstrates that the history of racial polarization and intentional discrimination against Black and Hispanic voters is crucial. A focus on the long-standing patterns of race-based discrimination can strengthen legal arguments whether challenging voting maps or other related claims. As litigation evolves, the emphasis will shift from merely assessing the impact on certain racial groups to a detailed examination of historical treatment and discrimination against those groups in particular states, suggesting that robust historical documentation will be key to success in these cases.
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