Carvin was left to back away some from his position. What about putting polling places at country clubs or limiting Election Day voting to 9 to 5 or getting rid of Sunday voting, she queried. Kagan slung hypotheticals at him, trying to press the point that a law might look like it was preserving equal opportunity on its face but could in fact produce a disparate result. In a withering set of questions, however, liberal Justice Elena Kagan pressed Carvin on his argument that laws are OK under the Voting Rights Act as long as they are race neutral and offer all voters an equal opportunity to vote. Carvin and other conservatives believe the states have a strong interest in passing laws to protect the integrity of the electoral system. “We hold that Arizona’s policy of wholly discarding rather than counting out of precinct ballots and the criminalization of the collection of another person’s ballot have a discriminatory impact on American Indian, Hispanic, and African American voters in Arizona in violation of the ‘results test’ of Section 2 of the VRA,” a panel of judges on the 9th US Circuit Court of Appeals said.Īt oral arguments before the Supreme Court, Michael Carvin, a lawyer for the Republican National Committee, urged the justices to reverse the decision, arguing it would “subject nearly all ordinary elections rules” to challenge. That is, whether the provisions of Arizona law at issue violated Section 2 because they resulted in voting discrimination. Democratic National Committee - largely revolves around what is called the “results test” of Section 2 of the law. The case before the Supreme Court - Brnovich v. It is crafted in a way that will allow it to endure even if the court’s majority further trims the Voting Rights Act next week. But the Justice Department filing also reveals a careful strategy. Garland, a former judge steeped in precedent, knows full well the impact of the Shelby County decision and will be carefully watching how the justices rule next week. “I express concern about the dramatic rise in state legislative actions that will make it harder for millions of citizens to cast a vote that counts,” the attorney general said.
Garland wanted to send a clear message Friday: Roberts was wrong.
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