But there are ways for the Section 5 model to remain viable. Instead of Section 4 triggers that use geography, turnout and tests, if Section 5 obligations were based on opt-ins, they would be more
constitutional. For example, if a jurisdiction was found to be liable for violating a provision of the Voting Rights Act (think Osceola FL or Euclid OH), then they would be subject to Section 5.
Blaine County, Montana, would be another example. All of these jurisdictions were found to have violated Section 2. Imposing a preclearance requirement on these jurisdictions found to have violated
the Voting Rights Act would certainly be far more constitutional than the current Section 4 triggers. It might also make sense, after all, these jurisdictions, found liable in the previous decade for
violating the Voting Rights Act, went through redistricting in the 2010 cycle without any court oversight, and without any need to balance new legislative plans against those imposed after the
liability findings.

The lawyers at Merced just don’t know all the negative things being said about their bailout application – both inside and outside the Justice Department. These comments were documented in the
internal DOJ memos obtained by PJ Media – documents that Merced does not possess. Merced’s other complaints have no merit either. For example:

The lawyers at Merced just don’t know all the negative things being said about their bailout application – both inside and outside the Justice Department. These comments were documented in the
internal DOJ memos obtained by PJ Media – documents that Merced does not possess. Merced’s other complaints have no merit either. For example:

“But there’s one big problem for New Hampshire: For almost all of the 44 years that it has been covered under Section 5, New Hampshire has failed to comply with the law. The two townships and
eight towns failed to submit for preclearance many voting changes they have made over that period. In fact, a November 18 internal DOJ memorandum sent by Chris Herren, chief of the voting section, to
Thomas Perez, assistant attorney general for civil rights, confirms that “town officials uniformly indicated that they were not aware of their obligations under Section 5.” Clearly, then, they don’t
meet the ten-year “clean record” criterion needed to qualify for bailout.”

[Ponder this. National Review says that the jurisdictions DIDN’T EVEN KNOW THEY WERE COVERED BY THE VOTING RIGHTS ACT. That’s what I’ve called the Granite State Free Ride. Why does the
Granite State Free Ride matter?  It matters because it speaks to whether the Section 4 triggers are congruent and proportional, if they make sense. If a jurisdiction covered by the triggers
didn’t even know they were covered for the last 44 year and the DOJ gave them a free ride, it speaks directly to whether the triggers make any sense. More from Hans:]

An internal Civil Rights Division report compiled on September 10, 2012, listed 90 unsubmitted voting changes made by New Hampshire jurisdictions subject to Section 5. This was, apparently, too
many for the Civil Rights Division to be able to gloss over. So the department generated a “revised” list on September 27 that identified “only” 20 uncleared changes. Whether they’re 90 or 20,
however, they render New Hampshire ineligible for bailout. . . .

“But there’s one big problem for New Hampshire: For almost all of the 44 years that it has been covered under Section 5, New Hampshire has failed to comply with the law. The two townships and
eight towns failed to submit for preclearance many voting changes they have made over that period. In fact, a November 18 internal DOJ memorandum sent by Chris Herren, chief of the voting section, to
Thomas Perez, assistant attorney general for civil rights, confirms that “town officials uniformly indicated that they were not aware of their obligations under Section 5.” Clearly, then, they don’t
meet the ten-year “clean record” criterion needed to qualify for bailout.”

[Ponder this. National Review says that the jurisdictions DIDN’T EVEN KNOW THEY WERE COVERED BY THE VOTING RIGHTS ACT. That’s what I’ve called the Granite State Free Ride. Why does the
Granite State Free Ride matter?  It matters because it speaks to whether the Section 4 triggers are congruent and proportional, if they make sense. If a jurisdiction covered by the triggers
didn’t even know they were covered for the last 44 year and the DOJ gave them a free ride, it speaks directly to whether the triggers make any sense. More from Hans:]

An internal Civil Rights Division report compiled on September 10, 2012, listed 90 unsubmitted voting changes made by New Hampshire jurisdictions subject to Section 5. This was, apparently, too
many for the Civil Rights Division to be able to gloss over. So the department generated a “revised” list on September 27 that identified “only” 20 uncleared changes. Whether they’re 90 or 20,
however, they render New Hampshire ineligible for bailout. . . .

Here is the transcript.

RUSH: I’ll tell you something else. I’ll tell you something right along the same lines. In fact, I want to read to you from our old buddy J. Christian Adams who left the Justice Department because
Holder refused to prosecute the guilty New Black Panther Party for vote for fraud in 2008 in Philadelphia. J. Christian Adams left because he realized that black defendants were not gonna be charged
nor prosecuted, pursued by this Justice Department. He writes the following about immigration: . . .

[Reads column linked above]