Charles & Fuentes-Rohwer on Brnovich

Guy Charles and Luis Fuentes-Rohwer in the Atlantic:

The Court’s opinion in Brnovich is deeply problematic, but not because the majority reached the wrong result. Reasonable people can disagree as to whether the specific electoral rules at issue—the wrong-precinct rule or denial-of-assistance-by-third-parties rule—impose undue burdens on voters of color…

Brnovich is so troubling and potentially destructive because it is not operating within the confines of the VRA project. The decision is a repudiation of the core aims of that project. Rather than engage productively in the collective enterprise of figuring out how to protect voters of color against the states, the Court majority is more interested in protecting the electoral rules of the states from undue intrusion by voters of color. The majority’s opinion sends a clear message that voter fraud, not racial discrimination, is a threat to the American system of representation. 

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