This was a Case backed by Ed Blum, the Conservative Crusader who brought us the Supreme Court’s Shelby County Case Gutting Section 5 of the Federal Voting Rights Act and the Fisher Case Attacking Affirmative Action.
California’s Voting Rights Act (CVRA) is much easier to Satisfy than the Federal VRA, and it essentially Requires the Breaking up of At-Large Local Governments in California whenever there is Racially Polarized Voting, even if there is No Indication that it would be Possible with Districts to give Minority Voters a Fair Share of Voting Power.
California Voting Rights Act
The California Voting Rights Act of 2001 expands on the federal Voting Rights Act of 1965, making it easier for minority groups in California to prove that their votes are being diluted in "at-large" elections. In 1986, the United States Supreme Court established conditions that must be met to prove that minorities are being disenfranchised; the CVRA eliminated one of these requirements. Unlike the federal Voting Rights Act, the CVRA does not require plaintiffs to demonstrate a specific geographic district where a minority is concentrated enough to establish a majority. Certain cities that have never had minority representation or have a history of minority candidate suppression can be liable for triple damages and be forced to make changes within ninety days. This makes it easier for minority voters to sue local governments and eliminate at-large elections. The Act was signed into law on July 9th, 2002.
The thought was this Attack on the CVRA could Capture the Attention of some of the Court’s Conservatives, given their Writings about Race-based Remedies in Voting more generally.
There will be another Case down the line Potentially raising these Issues, out of Santa Monica.
But the Fact that the Court quickly Disposed of this Case, without even any Justices Writing something Separately, is a Surprise.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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