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Friday, September 24, 2021

Opinion | The Supreme Court doesn’t just suffer from political hackery. It’s more insidious than that.

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Instead, Justice Samuel A. Alito Jr., joined by all of his supposedly conservative colleagues, not only ignored the clear text of Section 2 but invented entirely new parts — what Justice Elena Kagan, for the liberal dissenters, called “a list of mostly made-up factors, at odds with Section 2 itself.” Now, those challenging a particular voting rule must show it imposes more than “the usual burdens of voting.” If the state provides “other available means” for voting, a rule that has a discriminatory impact can still pass muster. This is activism, not conservatism.

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