Battle for the Constitution: Week of March 8th, 2021 Roundup

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

The Supreme Court Might Kill Voting Rights—Quietly

By David H. Gans, Director of the Human Rights, Civil Rights, and Citizenship Program, Constitutional Accountability Center

David H. Gans summarizes the stakes of Brnovich v. DNC, a case the Supreme Court recently heard about voting laws in Arizona and the scope of a key provision in the Voting Rights Act, and contends that the Court seems poised to further weaken what is left of the Voting Rights Act.

Guns Are a Threat to the Body Politic

By Joseph Blocher, Lanty L. Smith ’67 Professor of Law, Duke University School of Law and Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law School

Joseph Blocher and Reva Siegel write that guns can not only inflict physical harm, but harm to our democratic system by stifling people’s ability to freely speak, gather, and more, and say that America should regulate guns to allow for equal participation in our democracy.

The Supreme Court Needs to Show Its Work

By Stephen I. Vladeck, Charles Alan Wright Chair in Federal Courts, University of Texas School of Law

Stephen I. Vladeck argues that the Supreme Court’s increase in rulings on the “shadow docket”—a term coined for cases the Court does not hear oral arguments in or sign opinions for—is a danger for reasoned decision making and the Court’s legitimacy.