The Supreme Court is poised to reconsider critical aspects of the Voting Rights Act, a move that has drawn sharp criticism from advocates of civil rights. Lisa Graves, author of the recent book “Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our Rights,” stated that the court’s actions reflect a long-standing agenda to erode voting protections. In an interview, Graves asserted that the current trajectory of the court, led by Chief Justice John Roberts, is not surprising given his history of challenging the Voting Rights Act.
Graves, who previously served as a deputy assistant attorney general under President Bill Clinton and is now the board president of the Center for Media and Democracy, discussed the implications of a pending case that originated in Louisiana. This case involves a challenge from a group of white voters who contend that congressional district boundaries were unconstitutionally drawn to ensure a Black majority in two of the state’s six districts. The 2024 maps came in response to a prior federal ruling that determined the initial 2022 maps violated the Voting Rights Act by allowing only one majority-Black district, despite Black residents representing nearly one-third of Louisiana’s population.
The key question before the court revolves around whether the race-conscious maps comply with the protections against racial discrimination outlined in the 14th and 15th Amendments. During recent oral arguments, Louisiana Solicitor General Benjamin Aguiñaga argued that Section 2 of the Voting Rights Act, which mandates race-based redistricting, is unconstitutional. If the court rules in favor of the plaintiffs, it could trigger widespread changes to congressional district maps across the nation, potentially benefitting the Republican Party ahead of the 2026 elections.
Potential Broader Implications for Civil Rights
Graves expressed concern that the Supreme Court’s current composition, with Roberts and five conservative justices holding a majority, poses a threat not only to voting rights but also to the future of same-sex marriage. She highlighted that the court’s decisions have increasingly made it challenging to enforce anti-discrimination measures, suggesting a regression in civil rights protections.
The author pointed to recent statements from Justice Clarence Thomas, who has raised questions about the court’s adherence to precedent. This comes at a time when the court’s potential reconsideration of the landmark case, Obergefell v. Hodges, which legalized same-sex marriage, looms. While some legal experts believe a petition from Kentucky county clerk Kim Davis may not be the vehicle to overturn Obergefell, Graves noted that Roberts has historically criticized same-sex marriage rights, indicating he may welcome another opportunity to revisit the issue.
Polling consistently shows that a significant majority of Americans—around two-thirds—support same-sex marriage. Graves conveyed a sense of urgency, stating, “It’s a matter of when, not if, the Roberts Court decides to take this on.” She speculated that the court may choose to wait until after the upcoming presidential election to make such a decision.
In the event that Obergefell is overturned, the 2022 Respect for Marriage Act provides a legislative safeguard by requiring the federal government to recognize same-sex marriages legally entered into prior to any potential ruling. Nonetheless, this law does not compel states to issue marriage licenses to same-sex couples, leaving many vulnerable, as 32 states maintain constitutional or statutory bans on same-sex marriage.
Graves concluded by emphasizing the broader implications of the court’s trajectory under Roberts’ leadership, asserting that the erosion of voting rights and the potential rollback of established civil rights are part of a troubling trend. The ongoing legal battles surrounding redistricting and marriage equality signal a critical moment for civil rights in the United States, with outcomes that could shape the political landscape for years to come.
