Landmark Supreme Court decision upholds Section 2 of the Voting Rights Act, leading to victories in multiple states
As the fight for democracy intensifies, one key victory stands out in the battle against voter suppression and election subversion. The Supreme Court’s recent decision in Allen v. Milligan upheld Section 2 of the Voting Rights Act (VRA), marking a significant win for voting rights advocates. This decision has had a ripple effect, leading to victories in multiple states across the South and beyond. As we approach Thanksgiving, it is important to reflect on these wins and give thanks for the continued vitality of this crucial provision.
The Importance of Section 2 in Protecting Voting Rights
Section 2 of the VRA has become increasingly important since the Supreme Court’s 2013 decision to gut Section 5. It prohibits any voting law, practice, or map that results in the denial or abridgement of the right to vote based on race or color. This provision empowers voters and groups to challenge discriminatory maps and voting rules, serving as a cornerstone of American democracy.
The Allen v. Milligan Case and its Far-Reaching Impact
The Allen v. Milligan case centered around Alabama’s congressional map, which included only one Black-opportunity district. Plaintiffs argued that the VRA required a second district in which Black voters could elect their candidate of choice. Despite concerns that the Supreme Court’s involvement would spell the end of Section 2, the Court ultimately upheld the lower court’s decision, affirming the need for a second Black-opportunity district. Following this landmark decision, Alabama Republicans complied and enacted a map with two districts where Black voters can elect their preferred candidates.
The Ripple Effect in Other States
The impact of the Allen decision extended far beyond Alabama. In Louisiana, a trial court ruled that the state’s congressional map violated Section 2 due to its lack of Black-opportunity districts. The conservative 5th U.S. Circuit Court of Appeals recently affirmed this ruling, giving the Legislature until January 15, 2024, to draw a new map or face a final trial. Similarly, a federal court in Georgia struck down the state’s congressional and state legislative maps for violating Section 2, ordering the enactment of new maps with additional majority-Black districts for the 2024 election. Washington State, North Dakota, and Galveston County, Texas also saw victories in cases challenging discriminatory maps under Section 2.
Challenges and Concerns Moving Forward
While there is cause for celebration, concerns remain about the future of Section 2. A recent decision from the 8th U.S. Circuit Court of Appeals limited the ability of private litigants, such as civil rights groups and voters, to bring claims under Section 2. This poses a potential threat to the utility of the provision, as private plaintiffs have played a crucial role in enforcing the VRA in the past. It is likely that the U.S. Supreme Court will be asked to interpret and reaffirm the importance of Section 2 in the near future.
Conclusion: As Thanksgiving approaches, it is important to acknowledge and give thanks for the victories in the fight for voting rights. The Supreme Court’s decision in Allen v. Milligan upheld Section 2 of the VRA, leading to victories in multiple states. However, challenges remain, and the future of Section 2 hangs in the balance. It is crucial to continue the fight for democracy and ensure that all citizens have equal access to the ballot box.
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