[EL] my blogpost reacting to Brnovich

[Ilya Shapiro]

Section 2 of the Voting Rights Act addresses race-based disenfranchisement. Unless canceling an election were racially motivated (the powers that be didn’t want a particular candidate becoming governor because of his race, say), I don’t see how such an action would violate it.

Ilya Shapiro
Vice President
Director, Robert A. Levy Center for Constitutional Studies
Cato Institute
1000 Mass. Ave. NW
Washington, DC 20001
(c) 202-577-1134
Skype: ishapiro99
Twitter: @ishapiro

http://www.cato.org/people/shapiro.html

On Jul 1, 2021, at 1:29 PM, Lorraine Minnite <lminnite at gmail.com> wrote:


*CAUTION: External Email*

What 'democratic structures,' then, were just upheld if canceling an election to prevent non-existent fraud is not prohibited by the Voting Rights Act?

On Thu, Jul 1, 2021 at 1:19 PM Ilya Shapiro <IShapiro at cato.org<mailto:IShapiro at cato.org>> wrote:
Canceling an election is not a VRA Section 2 violation, no.

Ilya Shapiro
Vice President
Director, Robert A. Levy Center for Constitutional Studies
Cato Institute
1000 Mass. Ave. NW
Washington, DC 20001
(c) 202-577-1134
Skype: ishapiro99
Twitter: @ishapiro

http://www.cato.org/people/shapiro.html<http://www.cato.org/people/shapiro.html>

On Jul 1, 2021, at 1:18 PM, Lorraine Minnite <lminnite at gmail.com<mailto:lminnite at gmail.com>> wrote:


*CAUTION: External Email*

I have a question about the bizarre notion that a merely asserted fear is the same as a reasoned analysis in justifying state action restricting the ability of any voters to exercise their right to vote.  For argument's sake, let's take an extreme example.  Would Brnovich allow a state to assert a fear of fraud as the reason why it cancels an election?  For, of course, the most certain means of eliminating any chance of fraud would be to cancel an election altogether (no voting = no voting fraud).

A great day, indeed.

On Thu, Jul 1, 2021 at 12:51 PM Ilya Shapiro <IShapiro at cato.org<mailto:IShapiro at cato.org>> wrote:
Together with the donor privacy case, a great day for democratic structures and individual liberty:
https://www.cato.org/blog/supreme-court-gives-good-guidance-voting-rights<https://www.cato.org/blog/supreme-court-gives-good-guidance-voting-rights>

Ilya Shapiro
Vice President
Director, Robert A. Levy Center for Constitutional Studies
Cato Institute
1000 Massachusetts Ave. NW
Washington, DC  20001
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Skype: ishapiro99
Bio/clips: https://www.cato.org/people/ilya-shapiro<https://www.cato.org/people/ilya-shapiro>
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SSRN: http://ssrn.com/author=1382023<http://ssrn.com/author=1382023>

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