Legal Opinion · Dissent

Michael v. Roberts v. Jerry B. Wamser, Rita M. Krapf, Walter R. Wrenn, Jr. And David A. Robbins, Thomas A. Villa

Court of Appeals for the Eighth Circuit

Decided November 14, 1989No. 88-1138Published

1DissentHeaney, Senior Circuit Judge

I respectfully dissent. Today, the majority resolves the question presented — whether Roberts has standing to claim a violation of section 2 of the Voting Rights Act— through an artifice of statutory interpretation. It holds that Congress did not intend to intercede into state and local elections. I disagree. The Voting Rights Act of 1965 was intended to enforce the Civil War amendments, particularly the 15th amendment, as against state election laws to the contrary. The House Report to the 1965 Act stated the following:

PURPOSE OF THE LEGISLATION

The bill, as amended, is designed primarily to…

2Cases cited16 opinions

  1. Allen v. WrightSupreme Court of the United States · 1984
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  4. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  5. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963

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