The logo for the 1976 Bicentennial is still one of the best pieces of public design.
Though it raises the question - planning for the Bicentennial began in 1966. With the nation’s 250th anniversary just five years away, is there going to be something similar? Is that even possible in a country seemingly as divided as we are today?
The year before (2025) will be the 60th anniversary of both the Voting Rights Act and the Immigration Nationality Act - two bills that transformed the country and set the stage for who we are today. In a different world, you could see a big celebration leading into 2026.
But from the perspective of 2021, query it’s a bit hard to see. Or at least hard to see as a national unifier.
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Section 2 as it applies to redistricting survives Brnowich, but Section 2 in the redistricting context was already getting harder to use.
That’s both because SCOTUS interpreted it restrictively and because Section 2 claims, with those restrictions, are hard to successfully bring in the places where people of color increasingly live (namely, the suburbs). 2/
To win a Section 2 redistricting case, the Supreme Court requires that you prove that you can draw a reasonably compact minority district that is 50%+1 citizen voting age population. That’s possible in the traditional big city cores where people of color used to mostly live. 3/
SCOTUS has spoken and said that “mere inconvenience” and “some [racial] disparity” is not enough for **courts** to invalidate laws.
But you know what, **Congress** is a co-equal branch & has broad power under the Elections Clause to set a floor for what is acceptable.
Congress has used this power many times: to require use of single-member districts (1842), to set a uniform national election day (1844), the Absentee Voter Act (1986), the National Voter Registration Act (1993), the Help America Vote Act (2002) - to name just a few. 2/
And lest there be any doubt that this power is broad, none other than Justice Scalia wrote in 2013 that Congress’ power under the Elections Clause was “comprehensive” and included the power to adopt “a complete code for congressional elections” if it wanted. 3/
Watching GOP Senators talk today about federalizing state elections is completely head spinning - because, of course, the federal government has *long* set election rules and standards. #S1#HR1#ForThePeople 1/
The Voting Rights Act of 1965 is an obvious example. But more recently, UOCAVA (1986), National Voter Registration Act (1993), the Help America Vote Act (2002) - the first and last of which were signed into law by Republican presidents. #S1#HR1#ForThePeople 2/
In some cases, these federal laws forced states to change longstanding practices. The Help America Vote Act, for example, required states to have a chief election officer - something many states did not have at the time. #S1#HR1#ForThePeople 3/
Tuesday is expected to bring the first big floor vote in the Senate on the For the People Act (S.1 but as amended & refiled S.2093).
It’s a big vote, but it will fail because a motion to proceed requires 60 votes to end a filibuster. But that’s expected. 1/
But the thing to watch for as a temperature check will be whether Joe Manchin votes yes on the motion to proceed (he’s put out his ideas for a streamlined bill) or what statements he makes regarding the bill. 2/
And it’s worth noting that the bill being voted on tomorrow is not expected to contain any of the changes that Manchin has proposed. As filed, it’s the manager’s amendment from the Rules Committee. 3/
The first SCOTUS opinion of the morning is by Justice Barrett in Goldman Sachs v. Arkansas Teacher Retirement System from the March sitting, re how defendants in securities class action cases rebut the presumption of classwide reliance. Opinion here: supremecourt.gov/opinions/20pdf… 1/
Goldman Sachs case remanded to Second Circuit but alignment of judges a bit messy. 2/
There will be more opinions this morning - which could come from any of the justices since opinions are delivered in reverse order of seniority. 3/