Analysis: How the Supreme Court paved the way for Georgia’s new election law


In another world, before 2013 Shelby County vs. Holder Decision Written by Chief Justice John Roberts, Georgia must obtain federal approval for new election practices so that they do not harm blacks and other minority voters.

And at another time, before the Roberts court extended state latitudes in the state chain, legislators may have been defended by new voter ID requirements before implementing policies that would provide for non-election activists Prohibits the collection of third-party ballots against food or water to voters waiting in lines.

But the conservative court has emphasized to the states how they conduct elections.

As judiciaries have challenged state policies, they have expressed sympathy for local officials who face potentially intrusive federal regulation and lengthy litigation. Under Roberts’ leadership, the court has also dismissed concerns about the consequences for minority voters because it blocked access to the Voting Rights Act of 1965.

“Our country has changed,” Roberts wrote in Landmark of Shelby County, “And while any racial discrimination is too high in voting, Congress should ensure that this law speaks to the prevailing circumstances to deal with this problem. … (V) OVERS REGISTRATION AND IN COVERED STATES Voting numbers have increased dramatically. Over the years. ”

This Shelby County case, Alabama, focuses on a provision of the 1965 Act requiring states with a history of discrimination to seek approval from the Department of Justice or federal court before changing electoral policy. By a 5-4 vote, the court invalidated the provision that still covers nine states, including Georgia.

University of California, Irvine, law school professor Richard Hasin said, “The court has sent a signal to conservatives that they are willing to behave very biased in running elections.” “The question is whether things will change now that the 2020 elections showed how precarious our electoral system is and voter confidence.”

He said: “I think people are going to the Supreme Court for leadership and are looking to go beyond prejudice.”

Justices are now considering, in a recently argued Arizona case, the strength of a separate Voting Rights Act provision that prohibits any measure that deprives anyone of the right to vote because of race. Unlike the “pre-sanction” provision in the first dispute, this section of the law applies after the law takes effect and places a burden on those who oppose the law so that it can be prosecuted.

Resolve to Arizona case, known as Brnovich v. Democratic National Committee, Would be a contradiction to a dispute over laws such as Georgia, which were immediately challenged on Thursday night by advocates who say they would disagree with blacks.

Across the country, Republican legislators have proposed a vote change that would reverse the epidemic-era move, making it easier for people to vote last November, especially by mail, and record the number of votes cast.

Soon after the bloody Sunday march in Selma, Alabama, Congress passed the 1965 Voting Rights Act. The law reflected the reality of the time, although the Fifteenth Amendment to the vote prevented racial bias, blacks were still barred from casting ballots through voting, literacy tests, and other rules.

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Roberts highlighted how often he believes there have been changes since then. “In 1965, states could be divided into two groups: recent history of voting and low voter registration and voting, and without those characteristics,” he said. “Today the nation is not divided along those lines, yet the Voting Rights Act continues to consider it.”

Roberts has also clarified that he abuses race-bound measures, saying in a 2006 voting-rights case: “This is a disgusting business, it divides us by race.”

Yet after the polarization of the 2020 election, the country and the High Court could be headed for a new chapter in voting-rights cases of a deeply partisan character, with concerns intensifying about the future of the Voting Rights Act -With First Amendment. Free speech and union guarantee.

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Georgia law and state history

Georgia’s law, signed by Brian Kemp on Thursday, springs from nationwide efforts, most notably in battlegrounds that experienced record turnout and Democratic victories last November. Among its myriad provisions, Georgia law imposes new voter ID requirements for absentee ballots and empowers state officials to handle local election boards.

The three voting rights groups that sued – the New Georgia Project, the Black Voter Matter Fund and Rhys Inc. – filed their complaints in the Voting Rights Act and the First and Fourteenth Amendments.

“Instead of boosting public confidence in Georgia’s elections and ensuring electoral integrity,” he claimed, the law would “make voting more difficult, the result being inequality in results and a reduction in voter confidence.”

In Georgia, it is now illegal to give voters food and water on the line

The challengers emphasized Georgia’s history of racial discrimination. “(V) Oating in Georgia is highly polarized, and Georgia’s housing, economic, and health disparities show the shameful legacy of racial discrimination today,” he wrote, noting that the new law “interacts with these cases of discrimination.” Deny it. Equal opportunities in the political process.

Lower federal court judges have struggled more than the standard to deny voting rights, and this dilemma is at the heart of the Supreme Court’s new Arizona dispute.

Laws in dispute require ballots cast by people in the wrong prefix to be discarded and prevent most third parties – beyond a relative or mail carrier – from collecting absentee ballots, for example, in a nursing home.

Voting rights activists here say Georgia's new election law targeted black voters

During oral arguments, Roberts and fellow conservatives focused on potential voter fraud and highlighted state authority to oversee elections. Arizona officials argued that the measures would help prevent voter coercion and other irregularities, as challengers argued that the new requirements would fundamentally discredit Native Americans and other minorities.

The High Court resolution of the Arizona dispute could have a dramatic effect on the imprint of the new law and how easy it is for minorities to eventually register and vote. The resolution is expected by the end of June.

“The Arizona case is the most important that the Roberts court has ruled,” said Richard Childes, a New York University law professor. “We are ready to learn more about the right to vote and how we understand the constitutional dimensions of the Constitutional Rights Act.”

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