Brnovich v. Democratic National Committee

And then, like we started talking about at the very beginning, racial vote dilution, the kinds of policies like racial gerrymandering that took the votes that were cast, but kind of made them meaningless through the use of drawing districts.

In 2021, in a case called Brnovich v. DNC, versus DNC, the Supreme Court basically got rid of the ability of Section 2 to strike down laws and policies that made it harder for voters of color to cast a ballot.

And in fact, since 2021, there has not been one single policy that has been finally struck down in federal court for being racially discriminatory.

In 2021, we saw a bigger wave of restrictive voting legislation than at any point since the end of Reconstruction, and yet not one single one of those has been able to be struck down because of Brnovich.

But the Roberts Court quickly started attacking that part of the law as well.

In the 2021 case, Brnovich v. DNC, authored by Alito and joined by Roberts, the Roberts Court made it much harder for voters of color to challenge discriminatory voting laws.

And then in the recent Louisiana versus Calais decision, the Roberts Court struck down a second majority black congressional district in Louisiana and imperiled majority minority districts all across the country, leading potentially to the largest drop in black representation since the end of Reconstruction.

They have now narrowed Section 2 and the Voting Rights Act overall to the point of irrelevance.