“Why the Justice Dept. Will Have Far Fewer Watchdogs in Polling Places”

Eric Lichtblau for the NYT:

 

The federal observer program has really been a hallmark of the Justice Department’s voting rights work,” Kristen Clarke, the director of the Lawyers’ Committee for Civil Rights Under Law, said. That effort “has really come to a grinding halt,” she said, “and that’s a game changer this election cycle.”

The Voting Rights Act was passed by Congress and signed into law by President Lyndon B. Johnson at the height of the civil rights era. In the Shelby County decision, Chief Justice John G. Roberts Jr. wrote that “our country has changed” since those days of rampant voter discrimination.

The decision — which freed nine states, mostly in the South, to change their election laws without advance federal approval — unleashed a wave of new voting arrangements in scores of jurisdictions throughout the country. Civil rights advocates argue that those changes, including voter identification requirements that have since been overturned, have been intended to make it more difficult for blacks, Hispanics and other minorities to vote.

The Shelby ruling did not specifically address the Justice Department’s authority to send observers inside polling places. But Ms. Gupta said department lawyers had interpreted the decision to mean that officials could send observers only into jurisdictions where there was already a relevant court order regarding voting practices.

That broad interpretation has puzzled some legal scholars on both the left and the right.

“I was a little surprised by the Justice Department’s decision, to be honest,” Derek T. Muller, a conservative scholar on election law at Pepperdine University School of Law, said.

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