The Yale Law Journal

David Herman

Note

Reviving the Prophylactic VRA: Section 3, Purcell, and the New Vote Denial

David Herman

Given increasing threats to voting rights and an expansive Purcell doctrine, Section 3 of the Voting Rights Act is a vital but underused resource. To reinvigorate Section 3, this Note makes two observations: preclearance does not require intentional racial discrimination, and may be based on declara…