Greenhouse speculates that part of RBG’s Shelby County Dissent were written in 2009

June 29th, 2013

Did anyone else notice this?

The court made clear in a 2009 decision that it had Section 5 of the Voting Rights Act, the “preclearance” provision, squarely in its sights. (Justice Ruth Bader Ginsburg’s devastating dissenting opinion last week read to me as if major portions had been written back in 2009, rendered unnecessary by the compromise outcome then, but saved for the day that she knew was coming.)

I haven’t heard this anywhere else. When Greenhouse speculates about these types of things, it is usually not idle.