The Supreme Court Will Hear a Case That Could Weaken What's Left of the Voting Rights Act

“They want to put aside all this issue of how the effects of discrimination over the decades have produced this disparity, and simply look at whether the rule on its face causes some people to be able to vote and not others,” says Paul Smith, vice president of litigation and strategy at the Campaign Legal Center, which has filed a brief in opposition to Brnovich. Under this argument, Smith says, “unless the rule on its face draws a distinction that causes this racial disparity, you just can’t sue on it, even though the disparity may exist.”

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