Over at RealClearPolitics, I have this piece looking at the potential effect of Brnovich v. Democratic National Committee on intentional discrimination claims, including the lawsuit recently filed by the Justice Department against portions of Georgia’s SB 202. Much of the commentary after Brnovich has focused on the disparate impact components of the opinion, but I wanted to tease out some of the implications from the intentional discrimination side. Additionally, I try to puzzle out Justice Elena Kagan’s footnote in her dissenting opinion in which she concludes she “need not pass” on the intentional discrimination holding of the Ninth Circuit’s opinion.