Strict Scrutiny

Will the Voting Rights Act Survive SCOTUS?

14 snips
Oct 20, 2025
Sam Spital, Associate Director-Counsel at the NAACP Legal Defense Fund, dives deep into Section 2 of the Voting Rights Act, revealing its critical role in combating vote dilution. He highlights how recent partisan requirements threaten its effectiveness. Meanwhile, Joyce Vance, a former U.S. Attorney, discusses her book, sharing insights on why the next election is crucial for democracy and the importance of community engagement in civic action. Their conversation navigates the precarious state of voting rights and the ongoing fight for justice.
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INSIGHT

Milligan Precedent Under Assault

  • Allen v. Milligan is directly on point but some justices tried to distinguish or retreat from it.
  • The argument revealed an effort to erode stare decisis for Voting Rights Act precedents.
INSIGHT

Partisan Framing Could Nullify Protections

  • The Court's partisan-gerrymandering jurisprudence risks shielding racial gerrymanders by reframing them as partisan.
  • Conflating race and politics would effectively nullify Section 2 protections where race and party correlate.
INSIGHT

Invented 'Shot Clock' For Civil Rights

  • Some justices pressed a fabricated 'time limit' for race-conscious remedies despite no textual basis in strict scrutiny.
  • Janae Nelson and Justices Jackson and Kagan countered that Section 2 and Gingles already account for current conditions and limits.
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