I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.


Judge Posner on the Voting Rights Act case: “There is no doctrine of equal sovereignty. The opinion rests on air.”

Richard Posner is not impressed with either the reasoning or intellectual honesty demonstrated in the Voting Rights Act opinion.

Shelby County v. Holder, decided Tuesday, struck down a key part of the Voting Rights Act (the part requiring certain states with a history of racial discrimination in voting to obtain federal permission in advance […]

Two observations about the preclearance case

1.  Are all those laws denied preclearance since the last reauthorization now the walking dead, zombie laws brought back from dead and wandering among us?  Seriously:  Does this mean that laws that weren’t precleared now take effect?

2.  I just want to use this post to correct CRS’s mistaken belief that he agrees with […]

Eric Posner: “Chief Justice Roberts’ opinion in Shelby County v. Holder, the Voting Rights Act case, is a pretty lame piece of work.”

He makes short work of the, cough, logic in the Roberts opinion.  Worth reading.  He concludes:

What exactly is wrong with the singling out of states by the federal government? Is the idea that when Alabama is on the playground with the other states, they’re going to make fun of it because it had […]

Here comes voter id…

“[V]oting discrimination still exists; no one doubts that.” -Majority opinion in Shelby County, Alabama v. Holder, quoted in Justice Ginzburg’s dissent.

The question then, I suppose, is whether we care to do anything about it.

I am reading the Supreme Court’s decision in Shelby County, Alabama v. Holder, which makes depressing reading.  It overturns […]

Linda Greenhouse is horrified by what she thinks the Supreme Court is about to do.

Her latest starts with a bang:

Years from now, when the Supreme Court has come to its senses, justices then sitting will look back on the spring of 2013 in bewilderment. On what basis, they will wonder, did five conservative justices, professed believers in judicial restraint, reach out to grab the authority that the […]

Does the Constitution say that Congress’s powers don’t extend to the kind of question Justice Scalia doesn’t think Congress is good at?

Today, the Supreme Court heard argument in Shelby County v. Holder.  The transcript is very much worth reading.

(Note to lay readers:  I attempt to explain the act at issue here about midway down the post if you want some help following the last block quote).

One part is pretty breathtaking.  Recall that Justice Scalia […]

The Civil Rights Division of DoJ does not plan to make it easy on Mississippi VoterID

Yesterday, the Justice Department demanded more information from the State on VoterID.

Cottonmouth has the actual letter, which is pretty fascinating reading.  I’ve attached it at the end of this post.

Just as an aside:  When and if some parts of the more paranoid precincts of the conservative movement see the list of things […]

How the AP gets wrong a story of potential challenges to Mississippi Voter ID

Here’s a confusion to watch out for on voter ID: Between whether voter-ID is constitutional and whether it will survive preclearance under the Voting Rights Act.   Jack Elliot’s AP story, quoting politicians, completely misapprehends this distinction.

Read my prior post here for more about the Voting Rights Act.

Elliot quotes Sen. Joey Fillingane at length about […]