Biden Administration Reverses Position Before Supreme Court in Arizona Voting Rights Act Case (Brnovich), But Does Not Say Plaintiffs Should Win

From the letter:

The Department has now concluded that, although it does not disagree with the conclusion in that brief that neither Arizona measure violates Section 2’s results test, the Department does not adhere to the framework for application of Section 2 in vote-denial cases set forth in the brief. In light of the approaching oral argument, however, the United States does not seek to make a further substantive submission in these cases. Instead, we have concluded that the most appropriate course under the circumstances is to notify the Court that the previously filed brief does not represent the current views of the United States.

Oral argument is March 2.

I have written an analysis of the case that will appear soon SCOTUSBlog.

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