Judge Lisa Branch is launching a new assault on the Voting Rights Act.
For those screaming "just vote Trump out," at least pay attention to the effects of Trump's court-packing like this where judges like her argue that people can't fight for voting rights, especially considering the effects of the 2013 Shelby V. Holder decision. The fight is more than just filling out your individual ballot. You should donate your time and money to nonpartisan voting rights groups like League of Women Voters, Common Cause, or local voting grassroots. Educate your friends and family about these assaults on voting rights. And don't forget your downballot candidates.
More consequential dispute lurks just beneath the surface of this case. Alabama raised a separate argument that could have ruinous consequences for the VRA: It challenged the constitutionality of Section 2’s results test. This test prohibits election laws that place a disproportionate burden on minorities, even if they were not enacted with discriminatory intent. Branch conspicuously declined to reject this claim in a footnote that should put civil rights attorneys on high alert. Conservatives have been searching for a case that could take down the VRA’s results test, and NAACP v. Alabama might just be the one.
The conservative effort to sabotage the results test rests on the distinction between disparate impact and discriminatory intent. It is exceedingly difficult to prove that legislators enacted a law with discriminatory intent because few are foolish enough to leave behind a smoking gun demonstrating their racist goals. By contrast, it’s fairly easy to prove that election laws have a disproportionate effect on nonwhite voters. The VRA’s results test bars voting restrictions that have a racially discriminatory result, even if they weren’t proved to have a racially discriminatory purpose. Without this test, voters would have little hope of blocking voter ID laws or racial gerrymanders that have an outsized impact on communities of color.
Donate to the nonpartisan League of Women Voters - Alabama
--
Lastly, these are voting rights organizations you can share around.
League of Voters (@LWV) - They might have a local chapter nearby to join. You can volunteer without official membership at most chapters. Paying for membership can get you into leadership positions to decide pivotal organization choices.
Common Cause (@CommonCause) - This organization has been doing a lot of work fighting gerrymandering.
Spread the Vote (@SpreadTheVoteUS) - an organization dedicated to helping people get IDs ahead of Election Day.
ACLU - The American Civil Liberties Union
TRANSform the Vote (@NCTEActionFund), an org that fights transphobic ID voter laws.
Apia Vote (@APIAVote) - Bridges language gaps for marginalized communities.
Rock the Vote (@RocktheVote)
Black Voters Matter (@BlackVotersMtr)
Fair Fight Action (@fairfightaction) - Founded after Brian Kemp’s rampant voter suppression during the Georgia 2018 gubernatorial election.
Jolt Initiative (@JoltInitiative) - To motivate the Hispanic vote as well as fight language barriers.
TN Black Voter Project (@TN_VoterProject) - A Tennessee org that turned in more than 90,000 voter registration applications and they’re now fighting a load of voter suppression by Republican bills criminalizing voting registration.
Move Texas (@MOVE_texas) - A nonpartisan grassroots in Texas that has mobilized youths to register to vote.
New Hampshire Voting Grassroots NH Voters Restoring Democracy Tirrc Votes (@TIRRCVotes)
Four Directions (@4directionsvote) - Fighting for Native Americans’ voting accessibility.
Kentuckians for the Commonwealth (@KFTC) - KY voting rights, which is big for the battleground to unseat Mitch McConnell.
