Watch Archived Video of My Conversation with Patt Morrison on the Supreme Court’s Recent Election law Cases and More
Great to talk again as part of the America at a Crossroads series. Watch:
Category Archives: Voting Rights Act
“Ongoing Voting Rights Act Redistricting Litigation After SCOTUS Ruling in Allen v. Milligan”
Brennan Center:
Proving a Section 2 case is by no means an easy task, especially, as the Milligan opinion noted, at the congressional and state legislative levels. But discrimination against voters of color persists across the country, in part… Continue reading
“How the far right tore apart one of the best tools to fight voter fraud”
Miles Parks for NPR.
Little Discussion of the Voting Rights Act and Racial Gerrymandering Claims in Today’s Affirmative Action in Education Ruling
Chief Justice Roberts’ majority opinion in Students for Fair Admissions makes a fleeting reference to the Voting Rights Act and cites some racial gerrymandering cases (including Shaw v. Reno and Miller v. Johnson) for certain propositions about considerations of race… Continue reading
Roberts’ Majority Opinion Preserving the Status Quo in Alabama Voting Rights Act Case Must Be Seen in Light of His Killing of Affirmative Action in Education in Today’s Students for Fair Admissions Case
A few weeks ago, after the Supreme Court preserved the (weak) status quo for Section 2 of the Voting Rights Act in Allen v. Milligan, I wrote in the NY Times:
The big mystery is why Chief Justice… Continue reading
Don’t Count on the Gorsuch and Thomas Votes in Future Voting Cases; Expect Them to Side Against Voting Rights Litigants
In today’s Moore decision, Justices Thomas and Gorsuch rejected the majority approach to the independent state legislature theory, believing instead that state legislatures have almost plenary power and cannot be limited even by state courts applying state constitutions. (Justice Alito… Continue reading
Plaintiffs in Milligan Litigation Want Alabama Legislature to Adopt Their Remedial Maps in Compliance with the Voting Rights Act
“‘Am I actually awake?’: The lawyer whose redistricting litigation was instantly affected by SCOTUS’s Milligan surprise”
Carrie Levine for VoteBeat:
The Campaign Legal Center’s Mark Gaber had just wrapped up a trial over redistricting in Washington state, representing plaintiffs who argued that newly redrawn political maps diluted the strength of Hispanic voters, on June 7. There… Continue reading
“Ten years of a crippled Voting Rights Act: how states make it harder to vote”
Sam Levine and Kira Lerner for The Guardian:
In 2013, the US supreme court gutted the pre-clearance requirement in a landmark case called Shelby county v Holder. In a 5-4 ruling, Chief Justice John Roberts wrote that the Voting… Continue reading
National Constitution Center Podcast: “Recapping Allen v. Milligan: The Court Upholds Section 2 of the VRA”
Listen:
Earlier this month, the Supreme Court handed down a major voting rights decision in the Allen v. Milligan case. In a 5-4 ruling, the Court upheld Section 2 of the Voting Rights Act of 1965 and found that Alabama’s … Continue reading
ELB Podcast 4:9: Charles, Katz, Pildes: The Future of the Voting Rights Act after Milligan
New ELB Podcast:
Why did two conservative justices on the Supreme Court join the Court’s liberals to save section 2 of the Voting Rights Act in Allen v. Milligan?
Will voting rights plaintiffs see more success in Section 2… Continue reading
My New One at Slate: “There Are Still Two Major Legal Threats to the Voting Rights Act”
I have written this piece for Slate. It begins:
Last week’s voting rights decision in Allen v. Milligan was surprisingly good news: rather than hobble or destroy the existing protections for minority voters to elect their candidates of choice… Continue reading
The constitutional analysis in Allen v. Milligan
One argument raised by Alabama in its brief in Allen v. Milligan was that Section 2 is unconstitutional–at least, unconstitutional if Gingles were interpreted the way the trial court interpreted it. That prompted the bulk of concerned reaction in a… Continue reading
Did Justice Thomas lose the majority in Allen v. Milligan?
Let me offer something that may (?) be a bit (!) speculative (and which Jonathan Adler already hinted at elsewhere).
To start, I can’t help but look back at some of the statements made during oral argument about how… Continue reading