The latter has allowed the national government to exert a greater amount of power over the states in civil rights and voting rights cases. For example, the Civil Rights Act of 1964 was passed by Congress based upon the Commerce Clause.
“By rejecting the Commerce Clause argument Roberts may not be as liberal as people claim.”
The Supreme Court has agreed to hear the case of Fisher v. University of Texas and will rule later this year. Fisher challenges the University of Texas’ ability to use race as factor in its affirmative action program. The Court is also expected to rule on a Texas voting rights case that will provide clarity about the role of the federal courts under the Voting Rights Act of 1965. Could it be that by rejecting the Obama administration’s assertions under the Commerce Clause that Roberts is paving the way for upcoming conservative challenges to established civil rights legislation?
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