There is a lot going on. The U.S. Supreme Court in Allen v. Milligan has just affirmed an Alabama district court’s ruling that the state’s congressional lines were an impermissible racial gerrymander, thereby preserving, at least for now, what remains of the historic Voting Rights Act’s protections. Much has been written about the civil rights community’s surprise and relief that the court did not continue to eviscerate the law that was hollowed out 10 years ago by its decision in Shelby County v. Holder. Yet, insofar as the majority in Allen included Chief Justice John Roberts and Justice Brett Kavanaugh, wariness of future decisions is warranted. Prof. Justin Levitt, a leading voting rights scholar, puts it this way: I remain “in the fetal position,” still quite worried about evolving jurisprudence.

The court is also about to issue its decision on whether a legislature can act unilaterally on election procedures without regard to the state’s constitution or its courts—the so-called Independent State Legislature Theory. This potentially far-reaching ruling (unless the court decides to punt) can have an deep impact on 2024. So, any day now, keep an eye out for Moore v. Harper.

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