The Supreme Court Is On The Verge Of Killing The Voting Rights Act

FAH1223

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AI Summary:

Based on the Supreme Court arguments described in this article, **the Voting Rights Act itself is not likely to be killed entirely**, but its Section 2 protections against vote dilution appear likely to be further restricted.

Here’s what the arguments suggest:

**What seems unlikely:**

- A complete constitutional ban on race-conscious redistricting (which Louisiana requested)
- Total elimination of Section 2 vote-dilution claims
- Overturning the 40-year-old Gingles test entirely

**What seems more likely:**

- Some “modification” or “clarification” of the Gingles test that makes vote-dilution cases harder to prove and win
- Possible adoption of DOJ’s proposed changes requiring challengers to show a “superior” map
- Continued restrictions on when and how Section 2 can be used as a remedy

**Key indicators from the arguments:**

- Justice Barrett suggested the court might not need major modifications, just “clarifications”
- Multiple justices noted the 40-year precedent of Gingles and Congress’s failure to change it
- Only Justices Thomas and Gorsuch seemed firmly in the camp of declaring race-conscious redistricting unconstitutional
- The court’s 2023 decision in *Allen v. Milligan* strongly reaffirmed Section 2 protections just recently

So while Section 2 of the VRA will likely emerge weakened from this case, it appears the court will stop short of the most dramatic outcome of effectively killing this portion of the law entirely.
 

ORDER_66

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ALSO TO ADD:

GRL4Y2IbUAAKV05.jpg


:sas2:
 

Phitz

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AI Summary:

Based on the Supreme Court arguments described in this article, **the Voting Rights Act itself is not likely to be killed entirely**, but its Section 2 protections against vote dilution appear likely to be further restricted.

Here’s what the arguments suggest:

**What seems unlikely:**

- A complete constitutional ban on race-conscious redistricting (which Louisiana requested)
- Total elimination of Section 2 vote-dilution claims
- Overturning the 40-year-old Gingles test entirely

**What seems more likely:**

- Some “modification” or “clarification” of the Gingles test that makes vote-dilution cases harder to prove and win
- Possible adoption of DOJ’s proposed changes requiring challengers to show a “superior” map
- Continued restrictions on when and how Section 2 can be used as a remedy

**Key indicators from the arguments:**

- Justice Barrett suggested the court might not need major modifications, just “clarifications”
- Multiple justices noted the 40-year precedent of Gingles and Congress’s failure to change it
- Only Justices Thomas and Gorsuch seemed firmly in the camp of declaring race-conscious redistricting unconstitutional
- The court’s 2023 decision in *Allen v. Milligan* strongly reaffirmed Section 2 protections just recently

So while Section 2 of the VRA will likely emerge weakened from this case, it appears the court will stop short of the most dramatic outcome of effectively killing this portion of the law entirely.

So who read this...
 
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