It is not a pure disparate impact standard. Liability depends on factors that are similar to the factors for a finding of unconstitutional discrimination.
Dale E. Ho: “It is not a pure disparate impact standard. Liability depends on factors that are similar to the factors for a finding…”
Editor's note · Context
Dale Ho explains the nuances of Section 2's results standard in relation to discrimination.
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We have horrible, anti-immigrant, xenophobic rhetoric spewed forth from the last administration, which probably attributed to some reluctance to participate in the census.
That suggestion is fundamentally incompatible with the basic promise of equal justice under the law.
Justice Ruth Bader Ginsburg famously warned that the Supreme Court's decision striking down a part of the Voting Rights Act in Shelby County v. Holder was like 'throwing away your umbrella in a rainstorm.'
Well, it certainly does seem like a sustained effort, along with the voter suppression laws that we`re seeing pop up around the country, to undermine faith in our democracy, to undermine electoral integrity.





