Last month, I noted the dispute over whether Section 2 of the Voting Rights Act extends to legislation with a discriminatory purpose or only discriminatory effect. The Eleventh Circuit, in a case out of Florida, held that Section 2 of the Voting Rights Act does not cover intentional discrimination.

Georgia is also in the Eleventh Circuit. And sure enough, it’s moved to dismiss the United States’ Voting Rights Act claim from the SB 202 suit: “Because DOJ’s Complaint pleads only one claim—a non-cognizable discriminatory-purpose or intent claim—that is the end of the line for DOJ’s case.”

There are many (slow-moving) pieces in the Georgia SB 202 litigation, but this will be one to watch.