“Why the Supreme Court Declined an Opportunity to Diminish the Voting Rights Act”

Isaac Chotiner of the New Yorker did this Q&A about Milligan with Ruth Greenwood:

So, yes, I am completely shocked. There is no version of what happened today that I had predicted. We had fifteen different possible outcomes about how to prepare for the decision, and this was nowhere on my bingo card. My most cynical take is that the Court hasn’t released its affirmative-action decision, and perhaps Roberts is seeking some cover to completely eviscerate affirmative action by saying “Hey, but look—I left you with the Voting Rights Act.” It may also be that during the argument he saw Justice Ketanji Brown Jackson talk about the importance of these statutes to communities of color and maybe hearing that articulated by a Black woman affected him. . . .

I don’t think I’m in a place to be hugely optimistic about the rest of election law. We still have the Moore v. Harper case that will potentially come out, with the independent-state-legislature theory. If not in that case, it will come out in another case. I don’t think that this case represents an amazing new direction, but it is a very clear protection of a really important civil-rights statute. So, for what it is, it’s incredible.

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