Federal Judges, States Legislators, and State Voting Rights Rollback

Abstract

This article claims that recent Supreme Court decisions have allowed state lawmakers to suppress and skew but not subvert the vote. The Court relaxed federal oversight of state election administration in Shelby County v. Holder (2013), Abbott v. Perez (2018), and Brnovich v. Democratic National Committee (2021), and gerrymandering in Rucho v. Common Cause (2019), while prohibiting independent state legislative election regulation in Moore v. Harper (2023). These decisions guided state lawmakers toward vote suppression and skewing, and away from election subversion. Consequently, Republican state legislatures have passed state constitutional amendments and statutes limiting ballot access and reforming state redistricting practices. While some Democratic state legislatures have protected ballot access and independent redistricting, these recent Supreme Court decisions help Republicans win a disproportionate share of state legislative seats. National courts thus help preserve the national party coalition by opening subnational jurisdictions to party entrenchment.