New from me: SCOTUS' decision in Brnovich comes at the worst possible time for the White House, which is ramping up its voting rights push, and for the Department of Justice, which is doing the same and just brought a Section 2 case against Georgia businessinsider.com/scotus-voting-…
Section 2 lawsuits were never easy, but SCOTUS just made them trickier for plaintiffs by raising the bar to prove a violation, giving more leeway to states, and throwing in a new standard that the voting rules from 1982 (!) should also be factored in businessinsider.com/scotus-voting-…
The Court's ruling particularly throws a wrench in the DOJ's Georgia lawsuit by 1) upholding Arizona's out-of-precinct provisional policy 2) raising the bar to show intentional racial discrimination 3) ruling that "cat's paw" doesn't apply to legislatures businessinsider.com/scotus-voting-…
In addition to the immediate implications for ongoing Section 2 litigation, this ruling may make Democrats/civil rights groups think twice before bringing federal voting rights cases that could also end up before the current SCOTUS businessinsider.com/scotus-voting-…
Marc Elias makes the point that cases can be brought under the 14th and 15th Amendments. Important to note, however, that the Voting Rights Act specifically derives its power under Congress's authority to enforce those very amendments with legislation
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…
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…