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Justice Kagan Rejects Louisiana's Voting Rights Act Arguments in Supreme Court

Forbes Breaking NewsNovember 7, 20252 min114,317 views
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Supreme Court Hearing on Voting Rights

  • ⚖️ Justice Elena Kagan expressed skepticism towards arguments presented by Louisiana Solicitor General Benjamin Aguinaga regarding Section Two of the Voting Rights Act of 1965.
  • 📌 Kagan noted that the state's arguments appeared to repeat propositions previously rejected by the Court, particularly in the Milligan case.

Rejected Arguments on Discrimination

  • 🚫 One rejected argument was that the 15th Amendment only permits legislation against purposeful discrimination by states.
  • 💡 The Court had previously held that Section Two, an effects-based test for vote dilution, is permissible under the 15th Amendment.

Race-Based Redistricting and Section Two

  • 🗺️ Louisiana's argument that the 15th Amendment does not authorize race-based redistricting as a remedy for Section Two violations was also noted as previously rejected.
  • 📉 Kagan highlighted that the state was asking the Court to adopt an interpretation of Section Two that would fundamentally overhaul the jingle threshold inquiry, a baseline of jurisprudence for decades, which the Court had also rejected.

Solicitor General's Defense

  • 🗣️ The Solicitor General argued that the Court had never explicitly addressed or rejected two key parts of their argument: that compliance with Section Two is a compelling interest and that the logical endpoint of race-based redistricting under Section Two needs to be decided.
  • ⚠️ Kagan countered that the arguments were based on propositions specifically rejected by the Court over many decades, including a recent decision.
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What’s Discussed

Voting Rights Act of 1965Section TwoSupreme CourtElena KaganSolicitor GeneralRace-based redistrictingVote dilution15th AmendmentPurposeful discriminationMilligan caseJingle threshold inquiry
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