Supreme Court Commentaries
Constitutional Law, Voting Rights, Election Law
In Brnovich, the Court will determine whether Arizona’s out-of-precinct (OOP) policy and its ballot-collection law violate Section 2 of the VRA. The Ninth Circuit held that both voting provisions violate Section 2. The Supreme Court should affirm the Ninth Circuit’s decision, invoking the Section 2 Results Test adopted by multiple circuits, and find that a fact-specific inquiry should be preserved in assessing vote-denial claims. At a minimum, the Court should avoid establishing a bright-line rule as proposed by critics of the Section 2 Results Test. Such a rigid rule runs the risk of masking the nuances that the courts must consider when assessing a vote-denial claim for potential racial discrimination.
Arturo Nava, Brnovich v. Democratic National Committee: Examining Section 2 of the Voting Rights Act, 16 Duke Journal of Constitutional Law & Public Policy Sidebar 277-295 (2021)