Voting Rights on Trial

In 2023, nearly sixty years after the passage of the Voting Rights Act of 1965, voting rights and representation—and consequently, the fate of U.S. democracy—hang in the balance. In early summer, the U.S. Supreme Court will issue decisions in two consequential cases, Merrillv.MilliganandMoorev.Harper . The two lawsuits, one out of Alabama and the other out of North Carolina, will collectively determine the efficacy of federal guardrails against racial gerrymandering and the extent of state legislatures’ power over election rules. Put simply, these cases could drastically limit the ability of voters, especially Black and other voters of color, to challenge suppressive voting laws and overturn discriminatory maps. The timing of these cases could not be more critical. They come on the heels of the 2021-2022 redistricting cycle, during which many states redrew congressional maps that weakened the voting influence of Black communities.1 Moreover, the cases coincide with a surge in the introduction and enactment of restrictive voting laws nationwide. In January 2023 alone, at least 32 states have pre-filed or introduced 150 laws that limit access to voting.2 Studies have shown that restrictive voting laws disproportionately impact voters of color and widen the racial turnout gap after enactment.3 The extent to which these disparities will either worsen or improve hinges largely on the U.S. Supreme Court’s actions this summer.

This policy brief assesses the current voting rights landscape with a particular focus on Merrill and Moore, analyzing who will be impacted and what is at stake. The brief evaluates both cases’ key issues and arguments. It also provides a contextual overview of the events that have led to the current voting rights crisis and outlines the potential outcomes of the cases and their consequences, especially for Black Americans.