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Rethinking the Race or Party Question in Brnovich

Document Type

Blog Posting

Language

English (en)

Publication Date

2021

Publication Title

Election Law Blog

Abstract

The Supreme Court will soon hear oral argument in Brnovich v. DNC, a major voting rights case. As relevant here, the case concerns an Arizona ballot-collection law that the Ninth Circuit concluded was enacted with discriminatory intent in violation of the Fifteenth Amendment’s prohibition against racial discrimination in voting. I filed an amicus brief in support of respondents addressing the Fifteenth Amendment’s drafting and ratification as well as Congress’s enforcement authority under that Amendment. But in this post, I want to expound on a different point: Brnovich provides the Supreme Court with its first opportunity after the 2020 presidential election to address allegations of voter fraud—and to correct its past willingness to uphold voter-suppression laws based on unfounded allegations.

Keywords

Brnovich v. DNC, Voting Rights, Election Law, Fifteenth Amendment, Racial Discrimination, Fifteenth Amendment, Ballot Collection

Publication Citation

Travis Crum, Rethinking the Race or Party Question in Brnovich, Election Law Blog (Mar. 1, 2021), https://electionlawblog.org/?p=121026

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