Defending Democracy with Marc Elias

The Right Wing’s Latest Legal Theory


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Civil and voting rights groups have long challenged voter suppression laws and unfair maps in court using federal voting rights protections. But the conservative legal movement is now arguing that individuals and groups cannot bring these lawsuits — only the U.S. Department of Justice can — proposing that there is no private right of action in crucial federal voting laws. If courts endorse this concept, laws like the Voting Rights Act would be severely undermined and become largely unenforceable. Marc and Paige discuss where this surge of private right of action lawsuits came from, the current cases pushing this theory and what could potentially happen.

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Related links:

The Conservative Legal Movement’s Latest Target
Private Right of Action, Explained
This Civil Rights Provision Protects Your Vote from Simple Mistakes
Is the DOJ Doing Enough To Protect Voting Rights?

Case pages:

Vote.org v. Callanen
Arkansas State Conference NAACP v. Arkansas Board of Apportionment
Brnovich v. Democratic National Committee

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