02 July 2021
Democratic lawyers and activists are scrambling to shift their legal strategy in their fight over voting rights.
Why it matters: Yesterday's Supreme Court ruling — its biggest Voting Rights Act case in years — will likely make it much harder for the Justice Department to successfully challenge Georgia's controversial new voting laws, experts said, and others like it in the future.
Driving the news: In a 6-3 ruling, the court upheld a set of voting restrictions in Arizona and began to set some new parameters for other, similar lawsuits. Those standards, while not fully formed, generally will benefit state legislatures and set a high bar for legal challenges.
- Cases relating early voting and absentee voting are especially going to be harder to litigate, Common Cause's director of voting and elections, Sylvia Albert, told Axios.
- The Biden administration has challenged Georgia's high-profile voting law under Section 2 of the Voting Rights Act — the same section whose scope the court began to narrow in yesterday's ruling. The decision will therefore make it harder for DOJ to win the Georgia case.
- If Texas ends up passing a similar measure, that law, too, could be harder to challenge in court.
Between the lines: Some voting rights experts think Democrats put the wrong case in front of the Supreme Court, with its new conservative majority.
- The Arizona case is "a very weak case, compared to, say, the fight over Texas's voter ID law," elections expert Rick Hasen told Axios.
Yes, but: Marc Elias, a top Democratic lawyer who's suing in 14 states over voting restrictions, noted in a statement that the Voting Rights Act is not the only option.
- Most voter suppression laws are challenged on constitutional grounds, not as violations of the VRA, he said.
- While "the court today wrongly limited the protection offerred under Section 2, it did not do away with them," he said.
Context: In 2013, the court neutered Section 5 of the Voting Rights Act, which required states and counties with a history of discrimination to get pre-clearance from the Justice Department before changing their voting procedures.
- That made Section 2 all the more important, as voting-rights advocates were left with no choice but to fight voting changes after they've happened. And now that the court has begun raising the bar for those lawsuits, Democrats' ability to win the voting-rights fight in the courts keeps shrinking.
What to watch: Some hope that the court's decision will put more pressure on Congress to pass voting rights legislation.
- "The Court’s decision, harmful as it is, does not limit Congress’ ability to repair the damage done today: it puts the burden back on Congress to restore the Voting Rights Act to its intended strength," President Biden said in a statement.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.
