Today in Brnovich v. DNC, Justice Alito wrote for a 6-3 Court that Arizona’s out-of-precinct policy and ban on ballot harvesting are consistent with Section 2 of the Voting Rights Act. /1
Section 2’s purpose of eliminating racial discrimination is extremely important, but the Arizona measures are not discriminatory. Both provisions help make it easy to vote and hard to cheat. /2
Arizona’s provisions are not outliers. Over two dozen states—including Connecticut, Delaware and Illinois—have measures like Arizona’s that limit voting outside a voter’s own precinct. /3
Likewise, many other states have substantially similar ballot collection laws to Arizona’s, which makes it a felony to collect and deliver another person’s completed ballot (with exceptions for family members, caregivers, mail carriers and election officials). /4
As Attorney General Brnovich made clear at oral argument, “regardless of who they are or their background, Arizona provides a plethora of options for people” to vote. /5
The Court described the Ninth Circuit’s use of statistics as "highly misleading" and "statistical manipulation" trying to show racial disparity where… (cont) /6
… in 2016, "99% of Hispanic voters, 99% of African-American voters, and 99% of Native American voters ... cast their ballots in the right precinct, while roughly 99.5% of non-minority voters did so." /7
Importantly, Justice Alito’s opinion outlined guideposts that seem to make future challenges to election integrity laws much more difficult to win. Among them, how a rule compares to “The burdens associated with the rules in widespread use when §2 was adopted [in 1982].” /8

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More from @JCNSeverino

1 Jul
Today's ruling in Americans for Prosperity Foundation v. Bonta is a huge victory for anonymous speech and donor privacy, which have played an essential role in our nation’s history from its inception. /1
The decision reaffirms the Court's landmark decision in NAACP v. Alabama (1958), which held that the “freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of . . . freedom of speech." /2
The case is a strong rebuke of states like California, whose forced disclosure laws are now facially invalid. A major victory for those—on both the right and the left—who sought protection from abusive governments that would bully or intimidate them for their views. /3
Read 7 tweets
17 Jun
Today’s *unanimous* judgement in Fulton v. City of Philadelphia is yet another resounding victory for religious liberty, and against religious discrimination. /1
This Court is establishing itself as the most protective of religious liberty in history. /2
This follows a string of wins in religious liberty cases, including the COVID church cases, Little Sisters (2020), Espinoza (2020), Our Lady of Guadalupe School (2020), the Bladensberg “Peace Cross” (2019), Masterpiece Cakeshop (2018), Trinity Lutheran (2017), to name a few. /3
Read 4 tweets
17 Jun
Obamacare has been bad law from the beginning (and Chief Justice Roberts’ 2012 opinion was lawless and indefensible) but conservatives always knew that this wasn't a strong case. /1
As Justice Thomas put it today, “The plaintiffs failed to demonstrate that the harm they suffered is traceable to unlawful conduct. Although this Court has erred twice before in cases involving the Affordable Care Act, it does not err today.” /2
Yet that didn't stop Democrats from deceiving Americans and fear-mongering last fall, saying Justice Barrett was only nominated because she would strike down the ACA. That was crazy talk, and the Left knew it. /3
Read 7 tweets
15 Jun
As part of a continuing effort to pay back the left-wing dark money groups who elected him and Senate Democrats, Joe Biden has nominated Myrna Perez of the Brennan Center for Justice to be a judge on the U.S. Court of Appeals for the Second Circuit. /1

whitehouse.gov/briefing-room/…
The Brennan Center, which is not required to disclose its donors, has extensive ties to other liberal dark money groups, in addition to being one itself. It has received millions from the left-wing Tides and Open Society Foundations, among others. /2
Perez is director of the Voting Rights Center at the Brennan Center, which has forcefully opposed measures to ensure the integrity of our elections, including any and ALL voter ID measures, as well as efforts to update voter rolls. /3
Read 5 tweets
28 May
When I applied to clerk for Justice Thomas I was just finishing my appellate clerkship on the DC Circuit with Judge Sentelle. I was thrilled to get an interview, but nervous about broaching the fact that I was three months pregnant. /1 #CTLive
Would he not want to hire someone who was getting ready to have a baby? After getting advice from people who knew him I decided to just tell him in my interview (I wasn’t showing yet). His response was so illustrative of his character. /2 #CTLive
He told me that one of the perks of being a Supreme Court justice is that he could hire anyone he wanted for whatever year he wanted. /3 #CTLive
Read 6 tweets
24 May
Now that SCOTUS has granted review in New York Rifle & Pistol Association v. Corlett and Dobbs v. Jackson Women’s Health Organization, Democratic politicians and left-wing dark money groups are ramping up their court-packing threats. /1
Of course, the Left’s attempts to intimidate the Court are nothing new.

We saw the same court-packing threat from @SenWhitehouse in 2019 when he and other Senate Democrats filed an amicus brief in a case involving a Second Amendment challenge to a New York City gun law. /2
And who can forget @SenSchumer last year threatening two justices by name: “I want to tell you, Gorsuch! I want to tell you, Kavanaugh! You have released the whirlwind, and you will pay the price! You won’t know what hit you if you go forward with these awful decisions.” /3
Read 7 tweets

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