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Re: Mother, mother, mother - there's too many of you crying.
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Originally Posted by ThurgreedMarshall
Well, we know what Thomas would do. It would also seem that we know what Kagan would do.
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I would just like to say that if Kagan started a cult, I would join.
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And that's why I brought up the first prong of the test. In fact, the striking of Section 5 of the VRA, guarantees that we live in a world in which Thomas gets to jump on any pretext whatsoever, no matter how obvious. The burden should not be on the plaintiff to prove that redistricting that targets a race is racial in nature. The burden should be on the jurisdiction, subject to strict scrutiny, to prove that it is not.
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Agree completely re Section 5. But that's not the law in jurisdictions that weren't subject to Section 5.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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