Referring to Section 2, Kagan concludes, "That law, of all laws, should not be diminished by this Court."
Since Shelby was decided and exacerbated by Trump's spurious claims of fraud voter suppression legislation has proliferated. At least 880 bills proposing major changes have been introduced in 49 states. Of those, at least 28 major bills have been enacted in 14 states.
"In recent months, State after State has taken up or enacted legislation erecting new barriers to voting," Kagan wrote. "Those laws shorten the time polls are open, both on Election Day and before. They impose new prerequisites to voting by mail, and shorten the windows to apply for and return mail ballots. They make it harder to register to vote, and easier to purge voters from the rolls. Two laws even ban handing out food or water to voters standing in line."
The ball is in Congress's court. Two federal voter protection bills are pending, the For the People Act and the John Lewis Voting Rights Advancement Act. In addition, the Judiciary Act of 2021 would increase the number of Supreme Court justices from nine to 13. That could provide an opportunity to dilute the right-wing agenda of the current six members of the Court who voted to open the floodgates of voter suppression legislation.
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