Voting Rights Advocates Denounce Continued Supreme Court Assault on Long-Standing Voter Protections
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WASHINGTON – Eleven of the nation’s leading legal advocacy organizations are calling attention to a series of decisions and shadow docket activity this Supreme Court term that have made it significantly harder for voters to challenge discriminatory maps, enforce the Voting Rights Act, and rely on established election rules in court.
Statement from the Voting Rights Working Group:
“In its decisions this term, the Supreme Court attacked voting rights – undermining both electoral opportunities for communities of color and the ability of voters of color to enforce their rights in court. In some instances, the Court did so through its shadow docket, where it has continued an alarming trend of rejecting detailed lower-court decisions without any explanation. These developments have undercut voting access and fair representation.
“The Court’s decision in Louisiana v. Callais essentially gutted Section 2 of the Voting Rights Act as it applies to redistricting and dramatically undermined the ability of communities of color to secure fair representation. Additionally, cases like Turtle Mountain highlight a related threat: whether voters and civil rights groups can enforce Section 2 at all. Similarly, by declining to review the Eighth Circuit’s decision in Arkansas United, the Court is allowing seven midwestern states to deny private individuals and groups the ability to sue to protect a voter’s right to assistance due to disability or language ability. These cases show how the Court has continued to erode the Voting Rights Act by limiting the remedies available to voters in court.
“In two cases this term, the Court narrowly preserved long-standing protections that should not have been in question. In Watson v. Republican National Committee, the Court allowed states to continue counting mail-in ballots that are postmarked by Election Day and received shortly afterward. This preserves state laws protecting voters who rely on the mail, including voters of color, voters with disabilities, older voters, students, military and overseas voters, and voters in rural communities who may face delays outside their control. In Trump v. Barbara, the Court rejected an attack on birthright citizenship that targeted immigrant families and children born in the United States. These outcomes are important victories, but the narrow margins are themselves alarming: protections that have been treated as settled law for decades are now surviving by only the slimmest of margins.
“Unfortunately, these narrow victories are exceptions to a much broader and deeply troubling pattern. This term, the Court has continued to weaken voting rights protections at the very moment they are most urgently needed. The Voting Rights Working Group is deeply concerned that the Court’s actions are making it harder for communities to challenge discrimination, harder for voters to rely on long-established election rules, and harder to protect access to the ballot.
“These decisions are not incremental — they represent a dramatic rollback of voting rights protections, with the heaviest impact falling on communities of color. We urge lawmakers, election officials, and the public to recognize the severity of this moment and act with urgency to protect voters from disenfranchisement, vote dilution, and barriers to the ballot. We will continue working with communities and partner organizations to defend the Voting Rights Act, protect fair representation, ensure voters can enforce their rights, and make sure every eligible voter can cast a ballot that counts.”
All of the organizations signing this statement are experts in voting rights law, and several members litigated the underlying cases directly. They are available to speak with the media about these decisions and their impacts.
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The Voting Rights Working Group (VRWG) brings together 11 of the nation’s leading legal advocacy organizations with decades of experience advancing voting rights for communities of color. The consortium supports nonpartisan efforts to defend voting rights, ensuring that communities of color have their voices heard regardless of their politics or party affiliation.
American Civil Liberties Union
Asian American Legal Defense and Education Fund
Asian Americans Advancing Justice – AAJC
Brennan Center for Justice at NYU School of Law
Dēmos
LatinoJustice PRLDEF
Lawyers' Committee for Civil Rights Under Law
Legal Defense Fund
MALDEF (Mexican American Legal Defense and Educational Fund)
Native American Rights Fund
Southern Coalition for Social Justice