Meet Section 2

Created
Wed, 03/01/2024 - 02:30
Updated
Wed, 03/01/2024 - 02:30
Section 3 of the 14th Amendment isn’t the only one forgotten Move over Section 3. Michael Meltzner reminds readers of The American Prospect that America should not treat Section 2 of the 14th Amendment as a dead letter either. There is another lawsuit pending based on it: About a year ago, I reported in the Prospect on a pending lawsuit filed on behalf of a citizens group by former Department of Justice lawyer Jared Pettinato. The suit asks that the Census Bureau be required to enforce Section 2 of the 14th Amendment, enacted in 1868 to strip congressional representation from states that disfranchise voters. The text applies to general methods states adopt that keep people from voting and is not limited to racial discrimination. The proportional loss of congressional representation would also reduce the votes that states would get in the Electoral College. The Section 2 case is now moving toward resolution. Briefs have been filed, and oral argument is expected shortly before the court of appeals in Washington, D.C It’s another one of those constitutional sections that seems to have been ratified and quickly forgotten. As someone who lives in one of the most heavily gerrymandered states in the nation and where voting law fuckery is a growth industry…. On a structural level, enforcing Section 2 for the first time would conceivably sanction and thus potentially eliminate the web of restrictions and hurdles that keep substantial numbers of citizens from casting a vote. Some states would lose representatives, and electoral votes, to…