The Right’s Assault On Democracy

Created
Thu, 16/05/2024 - 09:30
Updated
Thu, 16/05/2024 - 09:30
The Supremes are more than doing their part I noted last week that Bolts magazine was featuring a reader Q&A with an election law expert and they have published some of them today. It’s quite interesting even if a little bit depressing. But we’re used to that when it comes to this subject. Here’s one example: What’s the most underrated case where this court weakened voting rights, but that we just don’t talk about enough? — Anonymous There are two cases that hardly anyone has heard of but that have had a major impact on the way the Supreme Court treats the constitutional right to vote: Anderson v. Celebrezze, in 1983, and Burdick v. Takushi, in 1992. Anderson dealt with the desire of an independent candidate to gain ballot access after a state’s deadline for turning in enough signatures. Burdick was about an individual’s attempt to write-in a candidate instead of choosing one of the candidates listed on the ballot. (These two cases are the subjects of Chapters 1 and 2 of my new book.) But the specific disputes in these cases are less important than the judicial test that came out of them. These two cases began the Supreme Court’s descent into its underprotection of the right to vote by failing to apply the highest judicial standard, known as strict scrutiny.  Previously, the court in the 1960s had strongly protected voters by requiring a state to prove that it had a really good reason for a law that infringed upon the right to vote, and that the law actually achieved…