It may come down to Justice Kennedy. That is bad news for DOJ and the Voting Section. Why?
Justice Kennedy, of course – I think Spencer would agree with me – is –
we all see as the swing justice. How he’s going to rule in this, I don’t
know. I do know that it wasn’t too long ago that he actually wrote the
opinion in a case called Miller v. Johnson, which was a case that went
through and documented some of the abusive enforcement practices of the
Justice Department and, in fact, highly criticized the Justice
Department for its enforcement of Section Five in that particular case.
Via NPR.