A government funded radio station in Florida runs a story critical of Florida Secretary of State Kurt Browning and the decision to seek preclearance in federal court. They mangle the story. Why does this not come as a surprise:
“He’s attempting to have a federal judge rule that the Voting Rights Act – the pre-clearance requirements of the Voting Rights Act – don’t apply,” explains Orlando attorney Derek Brett. He’s an expert in election law and he teaches constitutional law at the University of Central Florida.
“How does a federal judge do that? The only way a federal judge could do that is if Mr. Browning is able to, in some way, present some type of constitutional argument,” says Brett. He adds he’s not sure what that argument might be.
Unprecedented? The Voting Rights Act doesn’t apply? Constitutional argument? Good lord. This guy is teaching law to students? Heaven help us.
Professor Brett – take a look at 42 USC 1973(b)(a). It ought to clear up a few things.