Reply #171: What you are saying makes sense [View All]

[spoogly]

I am just not sure they have to be "not allowed" to vote for there to be an issue. Being treated differently in certain areas in a material and perhaps calculated way may be an Equal Protection violation...at least after reading Bush v. Gore...which did not require a suspect classification, but simply looked at people's votes being counted differently or not being recounted while the votes of others within the state were recounted (or were proposed to be). I would think that significant impediments to the "right to vote" could also constitute an Equal Protection violation.

Of course the water gets really muddy because Bush v. Gore deviated from the long line of cases that required a suspect classification and proof of intentional discrimination. The other cases also would not have inferred intent solely from different impact on the "suspect" class; although they seem to say it can be a factor or an indicator together with other evidence of intent.

What is absolutely clear though is that I win the longest run-on sentence of the night award.