Posted by Orin Kerr:
Justice Ginsburg Urges Congressional Action Once Again:
http://volokh.com/archives/archive_2009_03_08-2009_03_14.shtml#1236629897
As [1]Ed Whelan points out, Justice Ginsburg's brief dissent in[2]
Bartlett v. Strickland has a Ledbetter-like call for Congress to
overrule the Court's opinion because she believes the majority opinion
"severely undermines" the "estimable aim" of the Voting rights Act of
1965:
I join JUSTICE SOUTER�s powerfully persuasive dissenting opinion,
and would make concrete what is implicit in his exposition. The
plurality�s interpretation of §2 of the Voting Rights Act of 1965
is difficult to fathom and severely undermines the statute�s
estimable aim. Today�s decision returns the ball to Congress�
court. The Legislature has just cause to clarify beyond debate the
appropriate reading of §2.
We've had a [3]debate on this sort of dissent before. I remain of the
view that it's a pretty troubling practice if the Court wants to
maintain its judicial independence.
References
1.
http://bench.nationalreview.com/post/?q=YzA0Zjk1MzViMWUwMWNlYWEwZTkyYTIzYmY3MzAxYWE=
2. http://www.supremecourtus.gov/opinions/08pdf/07-689.pdf
3. http://volokh.com/posts/1193284491.shtml
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