Voter Suppression is Legal

In a partisan 6 to 3 vote, the U.S. Supreme Court upheld voting restrictions in Arizona. Justice Elena Kagan argues that the decision rewrites the intent of Congress for Section 2 of the 1965 Voting Rights Act.

The language of Section 2 is as broad as broad can be. It applies to any policy that "results in" disparate voting opportunities for minority citizens. It prohibits, without any need to show bad motive, even facially neutral laws that make voting harder for members of one race than of another, given their differing life circumstances. That is the expansive statute Congress wrote, and that our prior decisions have recognized.

Update (July 2):  Heather Digby Parton doesn't see much room for optimism.

This decision, which endorses the idea that states can restrict voting because of (non-existent) voter fraud is solely a Republican Party project. This decision makes it clear that while this court may throw a bone to the left once in a while, when it comes down to securing power for the Republican Party, their allegiance is clear. Mitch McConnell must have strained a muscle patting himself on the back for his efforts to make that happen.

At this point, the entire Republican establishment, which includes the Supreme Court majority, is working together to take advantage of the opening [Dear Leader's] Big Lie has given them. The party strategically targeted the states that Biden won closely and is feverishly passing laws to disenfranchise Democratic voters there. At the same time they are assiduously working to disempower any form of non-partisan oversight of the election apparatus. In fact, they are using every lever of power at their disposal, from legislative control in the states, to the filibuster and the Supreme Court.

She notes the pundits are convinced the Democrats have accepted their fate in the name of "bipartisanship".

That's right. The party that controls the House, the Senate and the White House apparently believes it is impotent to protect American democracy from a bunch of right-wing crazies who worship [Fuckface von Clownstick] so they're planning to give some speeches instead.

If this cynical consensus is right (and I fervently hope it isn't) all I can say is that it's a good thing we have an empathetic mourner-in-chief in Joe Biden to comfort us when our democracy finally dies. Unfortunately, we probably won't be able to hear his consoling words over the giddy laughter of [Manbaby] and the Republicans. They couldn't have dreamed the Democrats would go down so easily.

Update (August 2):  Paul Blumenthal explains why laws like the For the People Act are necessary.

Without the passage of that law, the strategy of out-organizing voter suppression would need to include out-organizing laws that make it harder to vote, harder to organize, and allow partisan Republicans to change the result in the end anyway. And this out-organizing won’t be limited to 2022, but to every future election where these laws remain on the books.