Elie Mystal on Supreme Court Gutting Voting Rights Act & Other Cases

Supreme Court's Attack on Voting Rights

• 🎯 John Roberts is identified as a long-standing opponent of the Voting Rights Act, with a career dedicated to undermining equality in voting, dating back to his time as a Reagan lawyer.
• 🏛️ The Supreme Court's recent oral arguments in Louisiana v. US are seen as the latest attempt to dismantle the Voting Rights Act, building on previous decisions like Shelby County v. Holder.
• 📉 The argument that racism has been solved is presented as the core conservative justification for weakening these protections, a claim that consistently fails when confronted with reality.
• ⚖️ Brett Kavanaugh's suggestion of a sunset provision for the Voting Rights Act is criticized as an overreach, as Congress did not include such a provision when passing the original act.

Louisiana v. US Case Details

• 🗺️ The case centers on Louisiana's congressional map, which initially had one majority-minority district despite the state's significant Black population, violating Section 2 of the Voting Rights Act.
• ⚖️ Section 2 of the Voting Rights Act is crucial because it focuses on outcomes rather than intent, meaning a map can be deemed illegal even if there's no explicit admission of racism.
• 🗳️ White plaintiffs in Louisiana are arguing that they have a constitutional right to over-representation in Congress, a claim directly contradicted by the principles of equal protection.
• 📉 If Section 2 is overturned, it could lead to Republicans gaining up to 19 seats in Southern states, significantly impacting Democratic representation.

Political Strategy and Consequences

• 📈 The Supreme Court's actions are viewed as having a direct electoral strategy, aiming to suppress Black voting power and thus benefit the Republican party.
• 📉 The failure of Democrats to codify voting rights protections in 2021, due to opposition from Senators Manchin and Sinema and the refusal to break the filibuster, is highlighted as a critical missed opportunity.
• ⚠️ Republicans understand that they are a minority party and cannot win in free and fair elections, leading them to actively work to undermine voting rights.
• 📉 The asymmetry in focus between Democrats and Republicans on voting rights protection is identified as a core problem, with Democrats not acting decisively when they have the chance.

Other Supreme Court Cases to Watch

• 🔫 In Heimmani v. US, the Court is considering whether a federal conviction for marijuana use is sufficient grounds to revoke gun rights, a case potentially ensnaring Hunter Biden.
• ⚠️ Mystal views the gun case as a trap, fearing the Court might expand gun rights by ruling that federal convictions are insufficient grounds to disarm individuals, which he argues is a dangerous precedent.
• 🏳️‍🌈 Charles v. Salazar concerns Colorado's ban on conversion therapy, with a challenge arguing it violates free speech rights, a case with significant implications for LGBTQ+ youth.
• 🚫 The argument against conversion therapy is that it is quack science and a form of child abuse, and licensed medical professionals should not be permitted to practice it.