Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Opinion: Democracy faces two threats. Trump is only one of them.
Opinion | Democracy faces two threats. Trump is only one of them.
By E.J. Dionne Jr.
Columnist | Follow
November 26, 2023 at 6:30 a.m. EST
{snip}
We are paying far less attention to the long-term deterioration of the right to vote, the essential building block of a democratic republic. It’s easier to overlook because chipping away at access to the ballot has been a subtle, decade-long process. It began with the Supreme Court’s 2013 Shelby County v. Holder decision that gutted Section 4 of the Voting Rights Act, thus sharply circumscribing the Justice Department’s power to enforce the law.
{snip}
And the attack continues. … In his decision in Shelby, Chief Justice John G. Roberts Jr. claimed that even without a strong Section 4, the Voting Rights Act bans discrimination under Section 2, which “is permanent, applies nationwide, and is not at issue in this case.” … Permanent? Not if the 2-1 decision last week from the U.S. Court of Appeals for the 8th Circuit is allowed to stand.
The court’s majority arrogantly tossed aside what Congress explicitly said it was doing when it passed the law, claiming miraculous powers to read the “text and structure” of the act as preventing private parties, including civil rights groups, from bringing cases under Section 2. As the Atlantic’s Adam Serwer noted, the ruling’s claim that only the Justice Department had this authority ignored “Congress’s intentions, Supreme Court precedent and decades of practice.”
This is no minor bit of judicial activism. Rick Hasen, a law professor at UCLA, wrote in the Election Law Blog that the ruling would eliminate the bulk of the cases aimed at protecting voting rights because “the vast majority of claims to enforce section 2 of the Voting Rights Act are brought by private plaintiffs, not the Department of Justice with limited resources.” Bye bye, Voting Rights Act. Indeed, there were immediate signs (in a key Louisiana case, for example) that the 8th Circuit ruling would be used to overturn earlier voting rights actions.
{snip}
Opinion by E.J. Dionne
E.J. Dionne Jr. writes a twice-weekly column for The Washington Post. He is a professor at the McCourt School of Public Policy at Georgetown University, a senior fellow at the Brookings Institution. His latest book, with Miles Rapoport, is “100% Democracy: The Case for Universal Voting.” Twitter https://twitter.com/EJDionne
By E.J. Dionne Jr.
Columnist | Follow
November 26, 2023 at 6:30 a.m. EST
{snip}
We are paying far less attention to the long-term deterioration of the right to vote, the essential building block of a democratic republic. It’s easier to overlook because chipping away at access to the ballot has been a subtle, decade-long process. It began with the Supreme Court’s 2013 Shelby County v. Holder decision that gutted Section 4 of the Voting Rights Act, thus sharply circumscribing the Justice Department’s power to enforce the law.
{snip}
And the attack continues. … In his decision in Shelby, Chief Justice John G. Roberts Jr. claimed that even without a strong Section 4, the Voting Rights Act bans discrimination under Section 2, which “is permanent, applies nationwide, and is not at issue in this case.” … Permanent? Not if the 2-1 decision last week from the U.S. Court of Appeals for the 8th Circuit is allowed to stand.
The court’s majority arrogantly tossed aside what Congress explicitly said it was doing when it passed the law, claiming miraculous powers to read the “text and structure” of the act as preventing private parties, including civil rights groups, from bringing cases under Section 2. As the Atlantic’s Adam Serwer noted, the ruling’s claim that only the Justice Department had this authority ignored “Congress’s intentions, Supreme Court precedent and decades of practice.”
This is no minor bit of judicial activism. Rick Hasen, a law professor at UCLA, wrote in the Election Law Blog that the ruling would eliminate the bulk of the cases aimed at protecting voting rights because “the vast majority of claims to enforce section 2 of the Voting Rights Act are brought by private plaintiffs, not the Department of Justice with limited resources.” Bye bye, Voting Rights Act. Indeed, there were immediate signs (in a key Louisiana case, for example) that the 8th Circuit ruling would be used to overturn earlier voting rights actions.
{snip}
Opinion by E.J. Dionne
E.J. Dionne Jr. writes a twice-weekly column for The Washington Post. He is a professor at the McCourt School of Public Policy at Georgetown University, a senior fellow at the Brookings Institution. His latest book, with Miles Rapoport, is “100% Democracy: The Case for Universal Voting.” Twitter https://twitter.com/EJDionne