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How the Supreme Court Plans to Undermine Future Elections

As the Brennan Center for Justice has Elaborated, such a decision would empower state legislators to ignore, for example, provisions in all state constitutions except one that guarantee the right to vote in free, fair, fair, or open elections; o the constitutional guarantees of 16 states of access to absentee or mail voting; or the constitutional provisions of 14 states that establish standards or procedures for drawing electoral districts. In that sense, state legislators could ignore state constitutional election safeguards adopted by referendum, like the ranked election reform Alaska adopted in 2020, or Michigan’s 2018 adoption of no-excuse absentee voting, also by referendum.

Last but not least, accepting the claim of the North Carolina Republicans would be a transparent partisan exercise in bending the law to change elections.. As such, it will be part of the increasingly bold recent decisions that erase established democratic protections and tilt the electoral playing field to the right. There is no other realistic way to explain actions like the previously mentioned shadow edict of February 7, which shielded gerrymanders in several red states from the unequivocal prohibitions of the Voting Rights Act. As Judge Elena Kagan wrotedissenting from a 2021 decision removing another unambiguous provision of the Voting Rights Act, “Disagree with Section Two [of the VRA] itself… to undermine the force of the Law… mostly inhabit[ing] a law-free zone.” Judge Kagan’s jokes could easily fit in and sharpen all kinds of communications from politicians to the media, constituents or colleagues.

The hour is late. Public information campaigns to shape the environment in which future decisions will be made must start early, as soon as the prospects of legal challenges from the right arise, or as soon as liberal advocates formulate their pitch, not wait until a matter has reached the Supreme Court. , or worse, until the court has delivered an adverse finding.


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