DNC v. Brnovich is here!! Held: "Arizona’s out-of-precinct policy and HB 2023 do not violate §2 of the VRA, and HB 2023 was not enacted with a racially discriminatory purpose." supremecourt.gov/opinions/20pdf…
From Alito's opinion: "Second, we think it prudent to make clear at the beginning that we decline in these cases to announce a test to govern all VRA §2 claims involving rules, like those at issue here, that specify the time, place, or manner for casting ballots..."
More from Alito: "But the mere fact there is some disparity in impact does not necessarily mean that a system is not equally open or that it does not give everyone an equal opportunity to vote. The size of any disparity matters." supremecourt.gov/opinions/20pdf…
A couple of paragraphs that could be very important to the Section 2 litigation in the pipeline:
More Alito: "For example, we think it inappropriate to read §2 to impose a strict “necessity requirement” that would force States to demonstrate that their legitimate interests can be accomplished only by means of the voting regulations in question."
A salty Alito says Kagan's dissent "quarrels with the decision in Shelby County v. Holder" "discusses all sorts of voting rules that are not at issue here," and "dwells on points of law that nobody disputes."
"Only after this extended effort at misdirection is the dissent’s aim finally unveiled: to undo as much as possible the compromise that was reached between the House and Senate when §2 was amended in 1982." Also says in footnote that dissent has "baseless reading" of a prev case
Another key quote from Alito's opinion: "But §2 does not deprive the States of their authority to establish non-discriminatory voting rules, and that is precisely what the dissent’s radical interpretation would mean in practice..." supremecourt.gov/opinions/20pdf…
there's math involved in this ruling too! this is another important paragraph for future section 2 litigation, much of which will rely on lots of stats about how different voting policies affect diff groups
yet another notable paragraph from Alito's opinion, esp re: the DOJ lawsuit challenging Georgia's new restrictions on out-of-precinct voting under Section 2 grounds
On AZ's ballot collection ban: Alito says that it doesn't go beyond "usual burdens," there's no statistical evidence of a disparate impact, and "Even if the plaintiffs had shown a disparate burden
caused by HB 2023, the State’s justifications would suffice to avoid §2 liability."
On the finding that the "cat's paw" doctrine doesn't apply to legislatures: legislatures"Under our form of government, legislators have a duty to exercise their judgment and to represent their constituents. It is insulting to suggest that they are mere dupes or tools."
Kagan's dissent: "What is tragic here is that the Court has (yet again) rewritten—in order to weaken—a statute that stands as a monument to America’s greatness, and protects against its basest impulses."
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New from me: Congress likely won't take action on the growing threats to election integrity, leaving election workers vulnerable to criminal prosecution and results open to partisan tampering (building on work/thoughts from @Nate_Cohn@rickhasen et al) businessinsider.com/congress-likel…
@statesunited@protctdemocracy@lawfwd Politicians have largely framed recent GOP activity in the language of voter suppression without the election subversion piece, letting potentially more dangerous provisions of these laws that target election officials in many states go under the radar businessinsider.com/congress-likel…
👀 from @RonBrownstein's latest: "Biden is planning to deliver a speech to underscore his commitment to voting rights that will likely come within the next few days." theatlantic.com/politics/archi…
More interesting stuff: "And although White House officials consider the laws offensive from a civil-rights perspective, they do not think most of those laws will advantage Republicans in the 2022 and 2024 elections as much as many liberal activists fear." theatlantic.com/politics/archi…
“I think our feeling is, show us what the rules are and we will figure out a way to educate our voters and make sure they understand how they can vote and we will get them out to vote,” the official told me." theatlantic.com/politics/archi…
NEW: In 2020, 6 swing state governors endured overt attempts to overturn their election results from Trump & his allies. Those offices & dozens more governorships are up for election next year, setting the stage for voting/election showdowns in gov races: businessinsider.com/voting-wars-el…
Governors are in the immediate position of signing or vetoing the election laws that come to their desks, certifying election results, and in 2020, enacting consequential emergency regulations around voting — all of which made them targets of Trump's ire businessinsider.com/voting-wars-el…
.@JessicaTaylor says voting/election controversies are "becoming base issues" and "in a midterm election now, both parties are going to need to generate excitement." It will likely a bigger role in nationalized governor's races in AZ, FL, and GA businessinsider.com/voting-wars-el…
And yet, she declined to acknowledge that there's a link between the ongoing lies about/efforts to overturn the 2020 election and current efforts by state legislatures to curtail the powers of state and local election officials in her #AxiosOnHBO interview that aired last night
I blogged about it — Cheney is trying to thread the needle of condemning Trump's election lies without also calling out the state legislators codifying them into law in states around the country, in many provisions that are solutions in search of problems businessinsider.com/cheney-stands-…