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.
This Court Has Abandoned the Most Essential Element in American Democracy: Voters
By Kimberly Wehle, Professor of Law at the University of Baltimore
Legal scholar Kimberly Wehle criticizes the Supreme Court’s recent decisions in Brnovich v. Democratic National Committee (2021) and Americans for Prosperity Foundation v. Bonta (2021) as insufficiently protecting the rights of ordinary voters and applying inconsistent levels of scrutiny to state action. Ultimately, Wehle concludes, a constitutional amendment protecting voting rights is needed to preserve democracy.