Editorials: A Supreme Court Misstep On Voting Rights | Linda Greenhouse/New York Times

Two articles about young people in search of an education caught my attention last week. Both appeared in The Times on the same day. One celebrated the improbable journey of a young man “from a Rwandan dump to the halls of Harvard.” Justus Uwayesu, photographed in front of the iconic John Harvard statue in Harvard Yard, didn’t run as the other children did when a American charity worker approached them more than a decade ago as they scavenged for food. “I want to go to school,” the boy told his American rescuer. This fall, he enrolled as a freshman at Harvard. The other story reported the intervention of New York State officials in a scandalous situation in suburban school districts in the New York City area. Faced with an influx of undocumented Central American children whom immigration authorities have released to live with relatives or other sponsors, school districts in the region seem to be doing their best to keep these kids out of school.

Editorials: The new world of voter suppression | Los Angeles Times

A week from Tuesday, voters will choose an entirely new House of Representatives, a third of the U.S. Senate and the governors of 36 states. Lamentably, many qualified voters will stay home, some out of apathy or disillusionment but others because they lack the right sort of identification. In Texas, thanks to an outrageous order by the Supreme Court, voters will have to display a photo ID under a law that a lower court judge concluded was a deliberate attempt to disenfranchise blacks and Latinos, who disproportionately lack such identification. Welcome to the new world of voter suppression, the culmination of a sustained effort by mostly Republican state legislators to make it harder for Americans to exercise the most basic right afforded to citizens in a democracy. It’s an effort whose effect, if not its intent, has been to reduce the participation at the ballot box by groups that historically have been the victims of discrimination. It has been abetted by a Supreme Court that blithely gutted an important section of the landmark 1965 Voting Rights Act and by a Congress that has been to slow to undo the damage caused by the court.

Editorials: Are Our Courts for Sale? | Joe Nocera/New York Times

One of the most shocking ads aired this political season was aimed at a woman named Robin Hudson. Hudson, 62, is not a congressional or Senate candidate. Rather, she is a State Supreme Court justice in North Carolina, seeking her second eight-year term. It wasn’t all that long ago when, in North Carolina, judicial races were publicly financed. If a candidate spent more than $100,000, it was unusual. Ads mainly consisted of judicial candidates promising to be fair. Any money the candidates raised was almost entirely local. This ad in North Carolina, however, which aired during the primary season, was a startling departure. First, the money came from an organization called Justice for All NC — which, in turn, was funded primarily by the Republican State Leadership Committee. That is to say, it was the kind of post-Citizens United money that has flooded the political system and polluted our politics. And then there was its substance. “We want judges to protect us,” the ad began. The voice-over went on to say that when child molesters sued to stop electronic monitoring, Judge Hudson had “sided with the predators.” It was a classic attack ad.

Editorials: Judging the Right to Vote | Matthew McKnight/The New Yorker

Early voting began on Monday in Texas and Wisconsin. As a result of recent rulings by the U.S. Supreme Court, Texas residents will need a particular form of identification to vote; Wisconsinites can vote without one. On Saturday, the Supreme Court issued an order, in response to an emergency request from the Justice Department and various civil-rights groups, that permits Texas to enforce a voter-I.D. law that had been struck down twice by lower courts. The Texas law had previously been found to violate Section 2 of the Voting Rights Act, which prohibits racist discrimination, because it requires that voters in the state obtain one of seven types of identification that are not held by many African-Americans and Hispanics. Justice Ruth Bader Ginsburg wrote a dissent for the Court, which Justices Elena Kagan and Sonia Sotomayor signed. Ginsburg called the conditions under which elections in Texas will now take place “the strictest regime in the country.” She argued that the rigidity of Texas’s law distinguished it from Wisconsin’s law. “For example, Wisconsin’s law permits a photo ID from an in-state four-year college and one from a federally recognized Indian tribe,” Ginsburg wrote. “Texas, under Senate Bill 14, accepts neither.” The court’s tone was a contrast from earlier this month, when it stopped Wisconsin from implementing its voter-I.D. law because of the proximity of the upcoming election. The rationale had little, if anything, to do with the plaintiffs’ argument that certain communities of voters—the poor, the elderly, the African-Americans, the Latinos—were being disproportionately burdened in trying to obtain the proper form of identification. There are at least two lines of logic that the Court is using to address the set of voting-rights cases that it has reviewed leading up to November’s election. One, as exhibited in Wisconsin, asserts that, just weeks out, it is too late to implement changes to voting permissions. The other is less straightforward, not least because the Court did not affirmatively defend its decision in the Texas case, and calls into question the way that the right to vote has been interpreted, as well as the role of the Supreme Court in offering clarity.

Editorials: Justice Ginsburg’s dissent on Texas’ voter ID law a wake-up call for voting rights | Richard L. Hasen/Dallas Morning News

Every so often, Supreme Court watchers are reminded that these justices are working hard behind the scenes by reading briefs, exchanging memos and debating outcomes. Case in point: The justices issued an order and a dissent in a Texas voting rights case at 5 a.m. Saturday. Supreme Court reporters stood by all night for the ruling. The holdup apparently was Justice Ruth Bader Ginsburg’s six-page dissent, joined by Justices Elena Kagan and Sonia Sotomayor. The Supreme Court allowed Texas to use its voter ID law in the upcoming election, even though a federal court decided a few weeks ago that Texas’ law violated both the Constitution and the Voting Rights Act, and that Texas engaged in intentional racial discrimination in voting. The trial court had barred Texas from using its law this election, but the U.S. Court of Appeals for the 5th Circuit reversed that decision last week, and the law’s challengers went to the Supreme Court, where, as expected, the court sided with Texas. The Supreme Court’s order was consistent with some of its other recent orders indicating that lower courts should not change the rules of running an election shortly before voting begins. I have dubbed this rule the Purcell Principle, for a 2006 Supreme Court case.

Editorials: The Supreme Court and voting rights: Silent treatment | The Economist

The supreme Court’s weirdly busy October brings to mind an old Cadillac commercial showing a sedan gliding silently down the highway, driver calm and confident in a hermetic, leather-appointed cabin, while the announcer intones, “quietly doing things very well.” Whether the justices are doing their jobs well depends on your point of view. But there is no disputing that they have been doing their most consequential work in uncharacteristic silence in recent weeks. The justices’ moves on gay marriage, abortion and voting rights have been delivered all but wordlessly, as Dahlia Lithwick of Slate recounts. The notable exception to the rule is Ruth Bader Ginsburg, the justice who refused to hold her tongue over the weekend, when six of her colleagues permitted Texas to enforce its new photo identification law in the November elections. The Court’s announcement came down at the ungodly hour of 5am on Saturday. It followed a federal district court decision on October 9th that the Texas law was discriminatory in both intent and effect and “constitutes a poll tax”—a ruling that was stayed by the Fifth Circuit Court on October 11th. The stay prompted an emergency appeal to the Supreme Court via Antonin Scalia, the justice assigned to the Fifth Circuit. The six justices who denied the request to lift the stay before dawn on October 18th were mum as to why; they released no reasoning for the decision, which effectively gives Texas’s questionable voter law a pass. But Justice Ginsburg and her clerks apparently ordered pizza and downed some Red Bull on Friday evening, pulling an all-nighter to compose a six-page dissent, which Justices Sonia Sotomayor and Elena Kagan joined. (Rick Hasen asks why Justice Stephen Breyer, the fourth liberal justice, did not sign on to the dissent; one strong possibility is that he was asleep.)

Editorials: Bleak voting rights landscape for election and beyond | Zachary Roth/MSNBC

In the run-up to the 2012 election, there was widespread concern about a slew of restrictive voting laws passed by Republicans. But those fears mostly weren’t borne out. Courts blocked several of the worst moves before election day. And record African-American turnout suggested the assault on voting might even have backfired by firing up minority voters. But Republicans didn’t ease off on the push to make voting harder. If anything, they doubled down. And this time around, they’ve had a lot more success as several voting restrictions are now in effect for the first time in a major election. That’s likely to help the GOP this fall. But voting rights advocates say the bigger lesson is that current laws protecting access to the ballot just aren’t strong enough. “This is a clear example of the need for additional federal protections,” said Myrna Perez, a top lawyer at the Brennan Center for Justice, and one of the attorneys who argued against the Texas voter ID law, which was approved for the election by the U.S. Supreme Court early Saturday morning. That decision—which came just two days before early voting kicks off in the Lone Star State—means most of the statewide voting restrictions that in recent weeks were the subject of court fights will be in place when voters go to the polls. In addition to the Texas law—green-lighted despite a federal judge’s ruling that it intentionally discriminated against minorities—North Carolina’s sweeping voting law and Ohio’s cuts to early voting will also be in effect.

Voting Blogs: Crawford and the Politics of Voter ID | More Soft Money Hard Law

A recent posting here suggested that the constitutional analysis of ID statutes is foundering on the issue of partisan motivation—the politics of ID. The centrality of this motivation is inescapable. it is impressing itself on a prominent jurist like Richard Posner, once dismissive of claims against ID statutes, and it is supported by the evidence considered by political scientists (see here and here). Yet the jurisprudence developed around ID has fared poorly in showing how political motivation can be incorporated into a constitutional test. The Supreme Court’s decision in Crawford is largely at fault here, having accepted the role of partisanship, even the hard, undeniable fact of it, so long as the state could point other reasons in theory for its enactment.  So judges skeptical of ID laws have looked elsewhere for the case against ID. Posner’s recent dissent in the Wisconsin case is an example of what happens. He recognizes the driving force of partisanship: he even locates the Wisconsin law within a trend among states with Republican leadership that have moved toward ID around the same time in circumstances that indicate a common political purpose. But his opinion treats this as the only conclusion to be drawn from other facts–facts about the comparative restrictiveness of the ID laws and the projections about their disenfranchising impact.

National: Voter-ID Actions Push Fight Past November | Wall Street Journal

A last-minute order by the U.S. Supreme Court allowed Texas to apply its strict voter-identification law for the Nov. 4 midterm elections, but bigger battles over state ID requirements loom ahead of the 2016 presidential race. Voter ID cases from Texas and Wisconsin reached the high court in recent weeks, and they produced opposite results. The justices on Saturday said Texas can use its law for now, a blow to the Obama administration and civil-rights groups that challenged the requirements. On Oct. 9, the high court put Wisconsin’s law on hold, a move that blocked late changes to the state’s midterm election rules. Neither case has been resolved beyond next month’s elections, and the Supreme Court hasn’t decided the legality of either law. The court was acting on emergency requests made as Election Day nears, rather than ruling on the merits. If the high court takes up either case later on, it could provide the justices with an opportunity to clarify which kinds of voter-ID requirements are acceptable across the nation.

Editorials: How the Supreme Court Made a Mess of Our Voting System | Michael Waldman/Politico

Alexis de Tocqueville famously observed in 1835, “Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.” That certainly describes the grand struggle over voting rights now unfolding in courtrooms across the country. And when it comes to who can vote and when, a clear message is hard to discern. In recent days, rulings, appeals and motions have pinballed around the system, with the U.S. Supreme Court answering emergency pleas, allowing some changes to take effect and temporarily blocking others, while key appeals head their way. The latest lurch: In a decision emailed out at 5 a.m. Saturday morning, the justices let Texas implement its controversial voter ID law, the nation’s strictest, just two days before early voting begins in the state. Amid the confusion, an important new element has emerged. The breakthrough? Facts. Two powerful judicial opinions—one from a Texas trial judge, another from an esteemed appeals court jurist—and a landmark government study have shed new light on the costs and consequences of restrictive voting laws. They answer some key questions: Are these laws malevolent? (In Texas, at least, yes.) Do they provide a benefit that outweighs their cost? (No.) Do they suppress the vote? (Alarmingly, it seems, yes.) And can we prevent fraud without disenfranchising Americans? (Yes, absolutely.) In a zone foggy with legal rhetoric, these three documents will—and should—live on beyond the 2014 election cycle. They might even help shape a new legal regime to protect voters while protecting against fraud. They’re worth a close read.

Texas: The Court won’t interrupt Texas voter ID law | SCOTUSblog

In a stinging defeat for the Obama administration and a number of civil rights groups in a major test case on voters’ rights, a divided Supreme Court told the state of Texas early Saturday morning that it may enforce its strict voter ID law for this year’s general election, with early voting starting next Monday.  Three Justices dissented from the ruling, which was released a few minutes after 5 a.m. folllowing a seemingly lengthy study. This apparently was the first time since 1982 that the Court has allowed a law restricting voters’ rights to be enforced after a federal court had ruled it to be unconstitutional.  A U.S. District Court judge in Corpus Christi struck down the ID law last week after a nine-day trial, but it now awaits review by the U.S. Court of Appeals for the Fifth Circuit, which temporarily blocked the trial judge’s ruling. The Justice Department has indicated that the case is likely to return to the Supreme Court after the appeals court rules.  Neither the Fifth Circuit’s action so far nor the Supreme Court’s Saturday order dealt with the issue of the law’s constitutionality.  The ultimate validity of the law, described by Saturday’s dissenters as “the strictest regime in the country,” probably depends upon Supreme Court review. The Saturday order, for which a number of news organizations had kept a vigil through the night in anticipation of its release, did not disclose how six of the Justices had voted.  But, because it would have taken the votes of at least five to have reached the result, it was clear that the order had majority support.   The majority gave no explanation for its action.

Texas: High court action on Texas ID law shows mixed record on voting rights | Los Angeles Times

“There is no right more basic in our democracy than the right to participate in electing our political leaders,” Chief Justice John G. Roberts Jr. wrote in April. Roberts spoke then for the court’s conservative majority in striking down part of a federal election law so as to allow a wealthy Republican businessman from Alabama to give more money to candidates across the country. The contribution limit restricted the donor’s free speech, Roberts concluded, and the Constitution requires the court to err on the side of safeguarding that cherished 1st Amendment protection. But the right to vote, which is the way most Americans participate in a democracy, has gotten far less protection from the Supreme Court under Roberts. There is no starker example than the high court order early Saturday allowing Texas to enforce a new photo identification law that a federal judge had blocked earlier this month after deciding the law would prevent as many as 5% of the state’s registered voters, or 600,000 people in all, from casting a ballot.

National: Supreme Court leaves its mark on the midterms | Politico

The Supreme Court sure looks like it’s fine-tuning the rules for the 2014 election. Over the past three weeks, the justices gave Ohio the green light to cut early voting by a week, let North Carolina end same-day voter registration and blocked Wisconsin from implementing a new voter ID law. And the justices could soon face another request, one that asks them to step in to block a Texas voter ID law from being enforced in next month’s elections. Despite the flurry of high court rulings, many legal analysts and some judges say the Supreme Court’s actions are less about broad voting rights principles than telling federal judges to butt out, particularly so close to Election Day. In each of the cases where the justices acted, lower federal courts had issued orders that would have changed the rules for elections just weeks away, potentially causing confusion among voters and election officials.

Editorials: Midterms: The Voter ID Mess | Steven H. Wright/The New York Review of Books

One could be forgiven for being confused about where things stand with voter ID laws in this fall’s midterm elections. A slew of federal-court orders, some of them still unresolved, have altered voting practices and procedures in a number of states, just weeks before voters go to the polls. Already, election officials and candidates have vowed to make a special effort to educate voters about what exactly awaits them on November 4. But there is a larger concern that has received much less attention: whether state election authorities can prevent confusion among poll workers themselves—the people who have the de-facto last word in determining whether you are eligible to vote. Consider the conflicting rulings that have been issued in the last few days alone. On Monday, a federal appeals court reversed a decision by a district court and put Wisconsin’s stringent voter-ID requirement back into effect—a ruling that would require voters to show state-approved identification when they vote in November. But on Thursday, the Supreme Court put the Wisconsin law on hold again. Meanwhile, in Texas, it remains unclear whether a law requiring photo identification will apply, following a decision by a federal judge, also on Thursday, that is now being appealed by the Texas state attorney general. Nor are these isolated cases. In the past two weeks, the Supreme Court has overturned lower court decisions effecting voting practices in Ohio and North Carolina. In late September, a federal court in Alaska required state election officials to provide bilingual voting materials to Native-American voters. The Kansas Supreme Court, also in late September, ordered the Kansas Secretary of State to remove the Democratic nominee for Senate from the ballot. Litigants in Arkansas await decisions on the state’s contested voter-ID laws.

Texas: Supreme Court Allows Texas to Use Strict Voter ID Law in Coming Election | New York Times

The Supreme Court on Saturday allowed Texas to use its strict voter identification law in the November election. The court’s order, issued just after 5 a.m., was unsigned and contained no reasoning. Justice Ruth Bader Ginsburg issued a six-page dissent saying the court’s action “risks denying the right to vote to hundreds of thousands of eligible voters.” Justices Sonia Sotomayor and Elena Kagan joined the dissent. The court’s order was an interim move addressing emergency applications filed Wednesday, and a trial judge’s ruling striking down the law will still be appealed. But the Supreme Court’s action set the ground rules in Texas for the current election. Early voting there starts Monday, which helps explain the court’s rush to issue the order as soon as Justice Ginsburg had finished her dissent. The law, enacted in 2011, requires voters seeking to cast their ballots at the polls to present photo identification like a Texas driver’s or gun license, a military ID or a passport.

National: Just in Time for Early Voting, Whiplash Over Voter ID Laws | Businessweek

Another day, another ruling about who can vote in elections that are just around the corner. Thirty-four states have some form of requirement that voters show identification to be able to cast their vote at the polls, but several of the laws are facing legal challenges by voters who say the rules are unconstitutional. In October alone, five courts issued rulings over laws in three different states. Their findings may seem incongruous but taken together, they maintain each state’s status quo, at least for now. The most recent ruling involves Arkansas. The state legislature overrode a veto by Governor Mike Beebe in 2013 to pass a law requiring voters to provide photo ID at the polls. Four residents, represented by two nonprofit organizations, challenged the rules. This week the Arkansas Supreme Court unanimously upheld a circuit court ruling that the ID requirement violates the state constitution, a ruling that immediately prevented the new requirements from taking effect. Because the challenge was to a state law, this is the final word on the matter unless the U.S. Supreme Court takes the case. Early voting in Arkansas—without mandatory ID—will start on Monday.

Texas: Voter ID case flies up to Supreme Court | McClatchy

The Supreme Court on Wednesday received several last-ditch pleas from opponents of the tough new Texas voter ID law. Acting one day after an appellate court effectively kept the Texas law in place, opponents including the Obama administration filed multiple emergency applications asking the high court to remove the lower court’s stay. “The need to ensure that hundreds of thousands of voters in Texas are able to exercise their right to vote, the need to stamp out intentional racial discrimination, and the need to ensure that elections are administered fairly, efficiently, and equitably, the public interest overwhelmingly favors vacating the stay,” attorneys wrote. The initial emergency application, signed by Houston-based attorney Chad W. Dunn, was submitted to Justice Antonin Scalia, who oversees emergency issues in Texas and other Fifth Circuit states. Scalia has the option of forwarding the application to all nine justices. Scalia gave Texas until 5 p.m. Thursday to respond.

Texas: Supreme Court to decide if Texas voter ID law can take effect | Los Angeles Times

The Supreme Court is set to decide whether Texas can enforce its new photo-ID rule in time for this year’s midterm election. The case reached the court Wednesday in an emergency appeal. Critics asked justices to block the rule, arguing it discriminates against minorities. Last week, a federal judge decided that the rule could prevent as many as 600,000 registered voters from casting a ballot and that Texas lawmakers who approved the law intended to make it harder for blacks and Latinos to vote. Texas Atty. Gen. Greg Abbott, who is running for governor, quickly appealed. On Tuesday, the 5th Circuit Court in New Orleans lifted the judge’s order and said the photo-ID law can be enforced in this year’s election for the first time. It “is virtually unheard of,” civil rights advocates complained, to permit a state to enforce a new election law “in a case where purposeful racial discrimination has been found in a final judgment after a full trial.”

National: Supreme Court rulings buy time for action on ID laws | Associated Press

In seemingly contradictory voting rights actions just a month before November’s elections, the Supreme Court has allowed new Republican-inspired restrictions to remain in force in North Carolina and Ohio while blocking Wisconsin’s voter identification law. But there is a thread of consistency: In each case, the court appears to be seeking a short-term outcome that is the least disruptive for the voting process. In Texas on Thursday, a federal district judge struck down the state’s strict voter ID requirement, likening it to a poll tax deliberately meant to suppress minority voter turnout. The Texas ruling came just hours after the US Supreme Court blocked a Wisconsin voter ID law. The twin rulings were surprising setbacks for largely Republican-backed voter identification rules that generally have been upheld in previous rulings nationwide.

North Carolina: Parts of North Carolina Law Limiting Vote Are Restored by Justices | New York Times

The Supreme Court on Wednesday issued a brief, unsigned order reinstating provisions of a North Carolina voting law that bar same-day registration and counting votes cast in the wrong precinct. A federal appeals court had blocked the provisions, saying they disproportionately harmed black voters. In a dissent, Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, said she would have sustained the appeals court’s determination that the two provisions “risked significantly reducing opportunities for black voters to exercise the franchise.” The case arose from a law enacted by North Carolina’s Republican-controlled Legislature in the wake of Shelby County v. Holder, the 2013 Supreme Court decision that effectively eliminated a central provision of the federal Voting Rights Act, its Section 5.

National: Courts Strike Down Voter ID Laws in Wisconsin and Texas | New York Times

The Supreme Court on Thursday evening stopped officials in Wisconsin from requiring voters there to provide photo identification before casting their ballots in the coming election. Three of the court’s more conservative members dissented, saying they would have allowed officials to require identification. Around the same time, a federal trial court in Texas struck down that state’s ID law, saying it put a disproportionate burden on minority voters. The Wisconsin requirement, one of the strictest in the nation, is part of a state law enacted in 2011 but mostly blocked by various courts in the interim. A federal trial judge had blocked it, saying it would “deter or prevent a substantial number of the 300,000-plus registered voters who lack ID from voting” and would disproportionately affect black and Hispanic voters. The law was provisionally reinstated last month by a unanimous three-judge panel of the federal appeals court in Chicago hours after it heard arguments. The full court was deadlocked, five to five, on a request for a new hearing. “It is simply impossible, as a matter of common sense and of logistics, that hundreds of thousands of Wisconsin voters will both learn about the need for photo identification and obtain the requisite identification in the next 36 days,” the appeals court judges opposed to the requirement wrote.

National: Voter Identification Laws Hit Roadblocks in Wisconsin and Texas | Wall Street Journal

Voter identification laws suffered setbacks in two states on Thursday, with the U.S. Supreme Court blocking Wisconsin from imposing its voter-identification measure during the midterm elections and a federal judge in Texas striking down that state’s ID law. The Supreme Court’s action in Wisconsin marked its third recent intervention in a high-profile election case, and the first before the high court in which advocates for minority voters prevailed. The justices in the two other cases allowed Ohio to cut back on early voting and cleared North Carolina to impose new, tighter voting rules. The high court in each case effectively put the brakes on lower court rulings that would have prompted late changes in election procedures in the run-up to the Nov. 4 election.

North Carolina: Supreme Court allows North Carolina to implement voting law for midterm elections | The Washington Post

The Supreme Court Wednesday night allowed North Carolina to implement for the coming election changes in the state’s voting law that an appeals court had blocked. The action means that the state can eliminate same-day registration and not count ballots cast by voters who show up at the wrong precinct. A panel of the U.S. Court of Appeals for the 4th Circuit had blocked both changes because it said they would disproportionately affect African-American voters. The Supreme Court’s order did not detail the majority’s reasoning. But Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have kept the lower court’s order in place.  “The Court of Appeals determined that at least two of the measures — elimination of same-day registration and termination of out-of-precinct voting — risked significantly reducing opportunities for black voters to exercise the franchise in violation of Section 2 of the Voting Rights Act,” Ginsburg wrote. “I would not displace that record-based reasoned judgment.”

National: Voting Rights Battles Could Complicate November Elections | NBC

Ongoing legal battles over voting rights are threatening to complicate elections in some close races with national implications this November. North Carolina and Arkansas are both home to contests that will help decide which party controls the Senate next year. They also have impending legal challenges to changes in voter laws. The same goes for Wisconsin, which is home to one of the country’s most closely watched governor’s races, and Texas. Civil rights groups argue that new Republican-supported voter ID laws passed in some states are meant to keep minorities, who largely support Democrats, from the polls. And voter advocacy groups say the litany of lawsuits that have resulted from the regulations will lead to confusion for both poll workers and voters.

North Carolina: Officials scramble after new voter law blocked by court | Reuters

North Carolina officials, scrambling to comply with a court ruling that blocked parts of a restrictive voter law just weeks before the November election, were in federal court on Tuesday to detail a proposed overhaul of their election plans. North Carolina was ordered to restore provisional ballots and same-day voter registrations last week when a U.S. appeals court found some provisions of a wide-ranging voter law, with restrictions considered among the nation’s most stringent, could disproportionately harm black voters. State attorneys said they did not anticipate problems bringing back provisional ballots, typically cast by voters who went to the wrong precinct. But they told the court it could be difficult to electronically process voter registrations occurring during early voting.

Ohio: Holder Faults Supreme Court on Early Voting | Wall Street Journal

Attorney General Eric Holder criticized the Supreme Court Monday for leaving in place a law shortening the early voting period in Ohio, calling the decision “a major step backward.” The broadside from Mr. Holder, delivered in a video posted on the Justice Department website, comes at a key moment in the political and legal battles surrounding this year’s congressional elections. Under the new schedule, early voting in Ohio for Congress, governor, and state legislators begins Tuesday. The Supreme Court could also soon decide whether voting laws in North Carolina and Wisconsin will go into effect for the election next month. The Justice Department is challenging those laws, as well as voting laws in Texas.

South Carolina: State can keep redrawn districts, Supreme Court says | Associated Press

The Supreme Court said Monday that South Carolina can keep its redrawn state house and congressional maps despite a challenge from black voters in the state. The justices offered no comment when they rejected the appeal from voters, who wanted the court to re-examine the newly drawn borders of state house and congressional districts. In 2012, six black voters from counties in the southern and eastern parts of the state sued Republican Gov. Nikki Haley and the Republican-controlled state legislature. They sought to throw out the redrawn district maps and prevent the state from holding any elections based on those maps. They argued the maps pushed black voters into one congressional district and created “voting apartheid.”

Arizona: The Supreme Court to look behind the “safe seats” issue | Constitution Daily

Few tasks that confront a state legislature are more jealously guarded than the power to draw new lines for election districts for their members and for their state’s members in the U.S. House of Representatives. But few actions of state legislatures may do as much to limit voters’ real choices than the use of those redistricting powers. With a month to go before this year’s congressional election, according to the respected Rothenberg Political Report, a total of 385 of the 435 seats in the House are considered safe for the party that now holds them: 212 Republicans, 173 Democrats. Thus, the Report’s most recent calculation is that only 50 seats are actually “in play.”

Arizona: U.S. Supreme Court could toss out voting boundaries | Arizona Republic

The U.S. Supreme Court has agreed to take up the Arizona Legislature’s argument that only state lawmakers have the authority to draw congressional boundaries. The court also wants to hear arguments on why the Legislature believes it has the legal standing to get involved in the case. Arguments could happen early in the new year. At issue is the ongoing dispute over the nine congressional districts the Arizona Independent Redistricting Commission drew in 2011. Arizona lawmakers argue that the U.S. Constitution gives only the legislature the power to draw those boundaries.

Arizona: Supreme Court to weigh Arizona redistricting challenge | Reuters

The U.S. Supreme Court on Thursday agreed to hear a challenge by Arizona’s legislature to a voter-approved plan that stripped state lawmakers of their role in drawing congressional districts in an bid to remove partisan politics from the process. The state’s Republican-controlled legislature is objecting to a 2000 ballot initiative endorsed by the state’s voters that set up an independent commission to work out the U.S. House of Representatives districts in Arizona. The legislature contends that the amendment to the state constitution violated a provision of the U.S. Constitution that requires state legislatures to set congressional district boundaries.