A Hamstrung SCOTUS Is About To Have A Mess Of Voting Lawsuits At Its Doorstep

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Publish Date:
April 11, 2016
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Talking Points Memo
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Summary

The signs that the Supreme Court is grappling with a depleted bench are starting to show. But what has been a trickle of tie-votes, bizarre orders and slowed activity could turn into a series of orders with contradictory effects as the court is confronted with an onslaught of election-related litigation in the lead-up to Nov. 8.

As the last stop for lawsuits challenging voting restrictions and administrative practices, the Supreme Court would normally see an increase in those cases as the 2016 election draws closer. But the ideologically split court will be facing more than the usual uptick in requests for the justices to intervene in legal battles over voting laws. The 2016 election marks the first presidential election since the Supreme Court crippled the Voting Rights Act and ushered in a wave of voting restrictions now tied up in lawsuits.

“You end up with a patchwork quilt of voting restrictions, some that are legally questionable and some that are upheld,” Nathaniel Persily, a Stanford Law professor who specializes in election law, said. “There’s a lot of pressure on the Supreme Court to come up with an answer, even if some of them are going to disagree with the results.”

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