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Ahead of Midterms, Elena Kagan Says the Supreme Court Is Undermining Voting Rights

Ahead of Midterms, Elena Kagan Says the Supreme Court Is Undermining Voting Rights

Chief Justice John Roberts acknowledges that authority in his ruling in Rucho.

“As noted, the Framers gave Congress the power to do something about partisan gerrymandering in the Elections Clause,” Roberts wrote, referring to the 55 delegates who in 1787 met to draft the U.S. Constitution. “That avenue … remains open.” 

When it comes to Callais, Hasen says lawmakers could attempt to amend the Voting Rights Act, and restore protections narrowed by the ruling, by forcing the Supreme Court “to decide some of the constitutional questions that they ducked” during the original case. 

But any new legislation could face a legal challenge, leaving the Supreme Court to decide whether it can stand.

Those hoping to challenge the highest court’s composition or jurisdiction may go about that in a few ways, such as by petitioning for term limits. Proposals include limiting justices’ active service through legislation—an approach whose constitutionality is disputed—or through a constitutional amendment. Another route is to limit which cases the court can hear. 

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