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Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And part of what was disputed were certain identifications.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Like if you're a jurisdiction with a history of racial discrimination, you had a certain formula that applied to you.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And that formula meant that these jurisdictions had to obtain what the law called preclearance from the Justice Department before changing any voting procedures.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And part of the reason the Supreme Court struck down these provisions of the VRA, they said that was a departure from the fundamental principle of equal sovereignty.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So that's a big voting rights case, of course, but it's sort of unclear what that would mean outside of the voting rights context.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But I think in Trump's second term, I would expect with more and more threats against some states and not others, you'll see some states with Democratic governors

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

invoking this idea that we are being punished because we're not going along with Trump's agenda.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So it will certainly be used, the 10th Amendment generally, and perhaps the equal sovereignty doctrine in particular, as some kind of constitutional shield as Trump tries to force the states to do his bidding a second time.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And so it really, you know, it just shows you how much like all of these doctrines in one era look like a bad idea can sometimes be a good idea.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

A lot of this is contextual.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It definitely makes the process of governance really messy.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

I mean, when states get to object in all of these different ways, you know, if we want a sort of national system where you have uniform laws, you know,

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

In some ways, the court's response to this, because they've interpreted the 10th Amendment in all these different ways, they're saying, you know, efficiency is not the goal here.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The goal is to make sure that the different parts have their kind of respect that the Constitution accords them.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah, well, we've definitely seen those fault lines already.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Thanks, Jeremy.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So, you know, Trump's campaign, obviously, for his second term focused on his mass deportation agenda.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And we're seeing that in action for the past year in places like Los Angeles and Chicago and, of course, Minneapolis.