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shelby county v. holder
Samuel Alito Gets the Facts Wrong... Again
In majority opinions gutting abortion rights and voting rights, Supreme Court Justice Samuel Alito made crucial errors.
May 17, 2026
Justice Samuel Alito wrote the conservative majority’s opinions in two of the most consequential Supreme Court decisions in recent years: 1) Dobbs v. Jackson Women’s Health Organization—overruling Roe v. Wade; and 2) Louisiana v. Callais—neutering the Voting Rights Act of 1965. In both cases, Alito recited and relied on asserted “facts” that did not exist.
Alito Rewrote History to Ban Abortion
Ohio State University Prof. Treva Lindsey observed, ”From the nation’s founding through the early 1800s, pre-quickening abortions—that is, abortions before a pregnant person feels fetal movement—were fairly common and even advertised.“
But Alito claimed incorrectly in Dobbs that “no common-law case or authority... remotely suggests a positive right to procure an abortion at any stage of pregnancy” and, in the United States specifically, “an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.”
Writing for the three dissenters, Justice Elena Kagan called Alito “embarrassingly” wrong. There was no such “unbroken tradition,” and historical evidence undermined his claim. But the conservative majority got its desired outcome.
Roberts Began the Assault on the Voting Rights Act
In 2013, Chief Justice John Roberts and the conservative majority began undermining the Voting Rights Act in the Shelby County case. Prior to that decision, states and localities with a history of racial discrimination in voting had to obtain federal approval before making changes to election rules—a process known as preclearance. The state or locality had to prove that any changes would not disadvantage racial and ethnic minorities.
Rewrite history; distort reality; make up facts; overturn longstanding precedent. For Justice Alito—with an occasional assist from Chief Justice Roberts—it’s all in a day’s work.
Roberts argued that the elections of 2008 and 2012—when there was no difference in voter participation rates between Black and white voters (i.e., no “turnout gap”)—meant that the Voting Rights Act had done its job and preclearance could be suspended.
Even at the time, Roberts’ reasoning was suspect. The elections of 2008 and 2012 were anomalies—not the end of the turnout gap—because Barack Obama’s candidacy had driven up Black turnout.
In her dissent, Justice Ruth Bader Ginsburg noted another flaw in Roberts’ logic: “Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”
Justice Ginsburg was correct, and now democracy is getting wet. A 2024 study concluded:
The formerly covered states [subject to preclearance] have large nonwhite populations and large turnout gaps, leading to some of the largest statewide turnout distortions in the nation. Put differently, a decade after Shelby County, the turnout gap continues to have a disproportionate impact in precisely the parts of the country that were once covered due to their histories of racially discriminatory voting practices.
Stated simply, “[S]ince 2013, the racial turnout gap around the nation has exploded.”
Alito Finished the Job
Justice Alito ignored the exploding turnout gap in striking the fatal blow to the Voting Rights Act on April 29, 2026. For decades previously, the court had ruled repeatedly that a state could not undermine minority voters’ power to choose their desired candidates by drawing legislative districts that dispersed such voters across majority-white districts. Instead, states had to create “majority-minority” districts, thereby assuring minority representation in statehouses and Congress.
In its amicus brief to the court in the Callais case, the Department of Justice (DOJ) ignored the trend after 2013 and argued that majority-minority districts were no longer necessary because “the racial gap in voter registration and turnout had largely disappeared, with minorities registering and voting at levels that sometimes surpassed the majority. Shelby County, 570 U.S. at 547-548.” To emphasize the point, the DOJ observed, “Since 2004, black voters have turned out at higher rates than white voters in two of five presidential elections nationwide and in Louisiana.”
Armed with the Callais decision, Republicans are now racing to eliminate majority-Black districts throughout the country.
Alito parroted the DOJ’s sophistry: “Black voters now participate in elections at similar rates as the rest of the electorate, even turning out at higher rates than white voters in two of the five most recent Presidential elections nationwide and in Louisiana.”
As election experts have observed, Alito’s claim that Black and white turnout reached parity in 2 of the 5 most recent presidential elections “represents egregious cherry-picking. [H]e was not referring to recent elections, but to those in 2008 and 2012—the years that Barack Obama ran for president. In the three most recent presidential elections, the trend shows exactly the opposite. The indisputable fact is the racial turnout gap is widening, and the Roberts Court is partially responsible [because of its Shelby County decision].”
Armed with the Callais decision, Republicans are now racing to eliminate majority-Black districts throughout the country.
Rewrite history; distort reality; make up facts; overturn longstanding precedent. For Justice Alito—with an occasional assist from Chief Justice Roberts—it’s all in a day’s work.
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Voting Rights Act 'On Life Support' Amid Right-Wing Attacks
"It's time for Congress to restore its full protections by passing the John R. Lewis Voting Rights Advancement Act," said one Democratic lawmaker.
Aug 06, 2025
As the Voting Rights Act turned 60 on Wednesday, advocates highlighted right-wing attacks on the landmark legislation and called on Congress to pass a long-stagnant bill aimed at restoring and strengthening one of the most important civil rights laws in U.S. history.
The VRA, signed into law in 1965 by then-President Lyndon B. Johnson amid a groundswell of civil rights activism, was meant to ensure that state and local governments could not "deny or abridge the right of any citizen of the United States to vote on account of race or color."
However, the law has been eroded in recent decades by Republican-controlled state legislatures across the country, including through racially rigged and other gerrymandered congressional maps, restrictions on voter registration, reduction in early voting options, and voter identification laws. These measures disproportionately disenfranchise minority voters, and some GOP officials have admitted that they are intended to give Republican candidates an electoral edge.
In 2013, the U.S. Supreme Court dealt a major blow to the VRA in Shelby County v. Holder, which eviscerated a key section of the law that required jurisdictions with a history of racist disenfranchisement to obtain federal approval prior to altering voting rules. In 2021, the nation's high court voted 5-4 in Brnovich v. Democratic National Committee to uphold Arizona's voting restrictions—even as Chief Justice John Roberts acknowledged that they disproportionately affect minorities.
"Instead of anniversary toasts, election law experts are preparing eulogies for the landmark legislation."
Now, the Supreme Court's right-wing supermajority is poised to "end voting rights as we know them," as Mother Jones reporter Pema Levy put it Tuesday. That's because the justices said last week that they would rehear a case that could result in them striking down Section 2 of the VRA, what University of California, Los Angeles legal scholar Richard L. Hasen calls "the last remaining pillar" of the law.
"Instead of anniversary toasts, election law experts are preparing eulogies for the landmark legislation, which conservative lawyers have attacked on multiple fronts in recent years, after the U.S. Supreme Court took square aim at the statute's constitutionality last week," Jim Saksa wrote Tuesday for Democracy Docket.
As Hasen explained:
Louisiana v. Callais, the case that was the subject of last Friday's order, is a voting case over the drawing of the state's six congressional districts. Louisiana has a one-third Black population, but after the 2020 census the state Legislature drew a districting plan, passed over a Democratic governor's veto, that created only one district in which Black voters would be likely to elect their candidate of choice.
Before Callais, Black voters had successfully sued Louisiana in a case called Robinson v. Ardoin, arguing that Section 2 of the Voting Rights Act required drawing a second congressional district giving Black voters that opportunity. Section 2 says minority voters should have the same chance as other voters to elect their candidates of choice, and courts have long used it to require new districts when there is a large and cohesive minority population concentrated in a given area, when white and minority voters choose different candidates, and when the minority has difficulty electing its preferred representatives.
However, a group of non-Black voters argued in a lawsuit that the consideration of race in creating a second minority-majority district violated the 14th Amendment's equal protection clause and the 15th Amendment's ban on federal and state governments denying citizens the right to vote based on "race, color, or previous condition of servitude."
"To me, this is it," Luis Fuentes-Rohwer, a law professor at Indiana University Bloomington, told Democracy Docket. "I would bet my left arm that they will tell us that Section 2 is in violation of the 15th Amendment."
Civil rights defenders including numerous Democratic lawmakers urged Congress to pass the John R. Lewis Voting Rights Advancement Act, legislation first introduced in 2021 whose sponsors said will "update and restore critical safeguards of the original Voting Rights Act."
"Sixty years ago today, the Voting Rights Act became law thanks to the perseverance of civil rights activists. Today, our sacred right to vote remains under attack," Sen. Raphael Warnock (D-Ga.), one of the bill's primary sponsors, said on social media Wednesday. "We must protect our democracy and honor those who risked everything by passing the John R. Lewis Voting Rights Advancement Act."
Although the bill passed the then-Democrat controlled House of Representatives in 2021, it failed to pass the Senate and a subsequent bid to advance the legislation failed the following year.
Calling for passage of the bill, Rep. Terri Sewell (D-Ala.)—whose home state played a critical role in the civil rights struggle—said on the social media site Bluesky that the VRA "is on life support after being gutted by the Supreme Court and far-right judges."
The Voting Rights Act was signed into law exactly 60 years ago. But today, it is on life support after being gutted by the Supreme Court and far-right judges.It’s time for Congress to restore its full protections by passing the John R. Lewis Voting Rights Advancement Act. 🗳️
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— Rep. Terri A. Sewell (@sewell.house.gov) August 6, 2025 at 6:35 AM
Rep. Jasmine Crockett (D-Texas) said on Bluesky that "60 years ago today, the Voting Rights Act became law. Now, we have an administration conducting voter suppression in real time. In Texas, Republicans are trying to gut our democracy by redrawing maps to erase five Democratic seats—before a single vote is cast."
"The fight continues," Crockett added. "We owe it to those who marched, bled, and believed to keep pushing until every voice is heard and every vote counts."
The ACLU said: "Democracy can't wait. Congress must protect our voting rights at the federal level by passing the reintroduced John Lewis Voting Rights Advancement Act."
However, passing the bill will be next to impossible, given Republican control of both houses of Congress and President Donald Trump in the White House. That doesn't mean voting rights defenders should give up, Legal Defense Fund president and director-counsel Janai Nelson stressed Wednesday.
"If we are to continue the pursuit of the multiracial democracy that the VRA set in motion 60 years ago and if we are to honor our republican form of government founded on representation by the people, we must be unwavering in our commitment to fulfill the promise of Selma, refuse to cede any further ground, and mobilize in support of equal voting rights and fair elections," Nelson said.
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US Faces 'State of Emergency' for Civil Rights Under Trump: Urban League Report
"What we face today is a deliberate, coordinated effort to deny the future of a more just and inclusive America," said Marc Morial, the president of the National Urban League, in the latest report on the "State of Black America."
Jul 18, 2025
One of America's oldest civil rights organizations warned Thursday that the country is experiencing a "dangerous tilt toward authoritarianism."
In its annual report on "The State of Black America," the National Urban League said the country is in the midst of a "state of emergency" for racial equality under the second administration of U.S. President Donald Trump as it wages war on voting rights protections; guts Diversity, Equity, and Inclusion (DEI) programs; turns civil rights investigations into "tools of political retribution"; and embraces social media platforms that promote hate speech and false information.
"Almost daily, since January 20, 2025, the federal government, at the direction the White House, has set fire to policies and entire departments dedicated to protecting civil and human rights, providing access to an equal education, fair housing, safe and effective healthcare, and ensuring that our democratic process is adhered to across the nation," the report says.
It cites the White House's attacks on the Voting Rights Act of 1965. The Supreme Court, it says, dealt the "first seismic crack" to the law in 2013 with the Shelby County v. Holder decision, which got rid of the requirement that states with a history of race-based voter suppression clear new voting laws with the Department of Justice.
"Dozens of states have seized on this weakened federal oversight to pass restrictive voting laws—from voter ID requirements that disproportionately burden Black and Latino voters, to aggressive voter roll purges that remove eligible citizens from voter lists, to reduced polling hours and locations in communities of color," wrote Janai Nelson, the president of the NAACP's Legal Defense and Educational Fund, in one essay.
Since then, Nelson writes, "The Trump administration has launched a full-scale assault on what remains."
Nelson notes the president's "sweeping executive order requiring individuals to show documentary proof of citizenship in order to register to vote—and permitting only a narrow set of documents, such as a passport, that many Americans don't have easy access to."
She also notes that the administration "shifted the focus of the Department of Justice's Civil Rights Division away from protecting voting rights and toward investigating voter fraud, even though such fraud is exceedingly rare."
In another essay, Samantha Tweedy, the CEO of the Black Economic Alliance, described "an all-out assault on... Black liberty, livelihood, history, prosperity, economic power, and opportunity," being carried out "under the false premise and scapegoating of 'Diversity, Equity, and Inclusion.'"
The Trump administration has aggressively sought to purge DEI initiatives and affirmative action from all sectors of public life, banning them from use in the federal government and putting pressure on private corporations and universities to abandon them as well.
Fueling this, Tweedy says, is the "destructive lie" that "for Black people to succeed, others must lose out." The report goes on to cite statistics from the Federal Reserve Bank, Citi, and McKinsey showing that closing economic disparities increases economic prosperity for the entire country.
One of the engines propelling the Trump administration's attack on civil rights has been the DOJ's Civil Rights division itself, which the report says has been "hollowed out and repurposed" to go after universities that pursue DEI initiatives.
The report also singled out Harmeet Dhillon, who Trump tapped to lead the Civil Rights Division, for her past assertions that the 2020 election was stolen and her writings arguing against the John R. Lewis Voting Rights Act, which would have restored power to the original law.
The report also highlighted the recent surge of racist rhetoric on billionaire-owned social media platforms, which have abandoned many content moderation policies in recent years.
The report especially singled out the violent shift on Elon Musk's X, which saw a dramatic increase in hate speech against racial minorities and LGBTQ+ people after the billionaire bought the platform.
"We are witnessing something more than policy shifts," said the Urban League's president and CEO, Marc H. Morial, in the report's foreword. "We are watching an attempt to turn back the clock to an era when the full humanity of all Americans was not recognized—when the idea of true equality was treated as a threat to the social order."
"What we face today is a deliberate, coordinated effort to deny the future of a more just and inclusive America," Morial said. "And the architects of this effort have made their intentions plain: they would rather see our democracy crumble than cede power to a multiracial, equitable society."
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