It’s worth remembering that the enabling clauses of the 14th and 15th amendment (and the other votings rights amendments like women’s suffrage and poll taxes) gives Congress the power to enforce it by “appropriate” legislation. Not “necessary” like the N&P clause. Just “appropriate.”
yep. and contra roberts, “appropriate” suggests a broad mandate for actions and one that is in the purview of congress to decide.
Replies
-
It’s barely even “contra Roberts” because in Shelby county Roberts never even brings up the fifteenth amendment. Doesn’t even address the point.
If a law professor put the briefs in Shelby county on a take home exam, assignment “write an opinion,” someone who wrote Roberts’s majority wouldn’t pass