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  • Legal Memorandum posted April 7, 2014 by Roger Clegg, Hans A. von Spakovsky, Elizabeth Slattery What Congress Can Do to Stop Racial Discrimination

    “In the eyes of the government, we are just one race here. It is American.” —Supreme Court Justice Antonin Scalia[1] Discrimination on the basis of race and ethnicity is unconstitutional, unlawful, and morally repugnant. The government should not be in the business of sorting people by such innate characteristics. Yet race and ethnicity often factor into government…

  • Legal Memorandum posted March 17, 2014 by Roger Clegg, Hans A. von Spakovsky “Disparate Impact” and Section 2 of the Voting Rights Act

    In 2013’s Shelby County v. Holder decision,[1] the Supreme Court of the United States struck down the coverage formula of Section 5 of the Voting Rights Act, which had been renewed by Congress in 2006 for another 25 years. Passed in 1965, Section 5 was an emergency five-year provision that required covered jurisdictions (nine states and parts of seven others[2]) to…

  • Legal Memorandum posted February 11, 2014 by Hans A. von Spakovsky, Roger Clegg What States Can Do to Stop Racial Discrimination

    “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” —U.S. Supreme Court Chief Justice John Roberts[1] Americans overwhelmingly agree that discrimination on the basis of race, ethnicity, and sex is wrong. This belief holds fast no matter the type of discrimination—whether it is the politically correct version that…

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