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Integration now: the Supreme Court should scrap an antiquated and unconstitutional rule.

National Review

| June 22, 2009 | Thernstrom, Abigail | COPYRIGHT 2009 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

IN the summer of 2006, with hardly a dissenting vote, Congress extended and strengthened the most radical provision of the 1965 Voting Rights Act for a quarter century. That provision--Section 5--was originally supposed to expire in 1970. In 1965, it was considered too constitutionally doubtful to be given a longer life. Forty-four years later, it is still going strong, having been repeatedly extended.

The ink was barely dry on the 2006 amendments when a tiny Texas utility district challenged their constitutionality. Section 5, the district argued in Northwest Austin Municipal Utility District No. 1 v. Holder ("NAMUDNO"), "strikes at the heart of federalism, ...

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