A lively discussion that has gone on among those following the Texas redistricting cases — coming up for argument in the Supreme Court next Monday afternoon — has focused on whether the Justices might say something in those cases about the constitutionality of the key voting rights law’s provision that is centrally involved in the cases. That is Section 5 of the 1965 Voting Rights Act, and how it is enforced is what the three Texas cases are all about. In a new brief filed Tuesday, the state of Texas has given a very broad hint that Section 5′s validity could actually be on the line right now.
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