tag:blogger.com,1999:blog-8949695397805914430.post4427733809850783743..comments2023-04-12T08:14:37.935-04:00Comments on Colored Demos:: The Liberals in NAMUDNO (cont.)Luis Fuentes-Rohwerhttp://www.blogger.com/profile/09915435038828190903noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8949695397805914430.post-16966219176130637512009-06-23T12:46:57.077-04:002009-06-23T12:46:57.077-04:00I would say this; if Kennedy wasn't ready to s...I would say this; if Kennedy wasn't ready to strike down Section 5, why would the liberals bother signing on to such an opinion? Why couldn't he write for them in a 5-4 decision affirming the Act's constitutionality? There are surely at least 4 votes for that position, and you'd think that if Kennedy was a fifth they'd be very interested in announcing that the Act is, in fact, constitutional. What I think happened here is that Kennedy and even Roberts are loath to overturn the Act before giving Congress a chance at fixing what they see as its constitutional infirmities; by setting them out in their opinion, they hope that Congress will direct their attention to those areas of the statute before someone else challenges it. If Congress doesn't act, the damage to the Court's popularity or legitimacy that would be done by striking down a piece of such a beloved piece of legislation would be cushioned a bit by the fact that they were told what they needed to do and did nothing.Asherhttps://www.blogger.com/profile/06495408546806192092noreply@blogger.com