Critical Democracy Court Cases in 2022

The American Democracy Minute Radio Report & Podcast for December 29, 2022

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Today’s Links

Articles & Resources:

Democracy Docket – Looking Back at Voting Rights Litigation in 2022

Brennan Center for Justice – Voting Rights Litigation Tracker

All About Redistricting – Redistricting Cases
Voting Rights Lab – The State of State Election Law Since 2020

Today’s Script:  (Variations occur with audio due to editing for time) 

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

This week, we’re recapping 2022 democracy legislation around the U.S.  But also critical this year was action in the state and federal courts.

The most important case heard in 2022 won’t have an opinion until 2023: the  Moore v. Harper redistricting case.   This fringe interpretation of the U.S. Constitution would allow state legislatures ultimate power over elections, including access to the ballot, redistricting, and election rules.  A decision is expected in the summer of 2023.

State supreme courts in Ohio, North Carolina, New Hampshire, Arkansas, Kansas, Florida and elsewhere heard cases on gerrymandered voting districts, including racial gerrymanders.  In Ohio & North Carolina, where state constitutions require fair voting districts, the high courts consistently defended the constitution and struck down gerrymandering.   In Kansas, Arkansas & Florida, state courts affirmed gerrymandered maps designed to dilute black voting power.  

In Pennsylvania, court arguments continue over a partisan effort to keep undated mail-in ballots, which met all other criteria, from being counted.  For the 2022 midterms, tens of thousands of Pennsylvanians were disenfranchised as a result.  Implementation of mail-in ballots was ruled unconstitutional in Rhode Island.

In Arizona, South Dakota and Montana, the courts struck down attempts to limit Native American voting power.  In Arkansas, Indiana, North Carolina, Texas and Wisconsin, attempts to limit help for voters needing language, writing or other assistance were struck down under the Voting Rights Act. 

There’s always more at AmericanDemocracyMinute.org.   For the American Democracy Minute.   I’m Brian Beihl.

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