"Brnovich, election-law tradeoffs, and the limited role of the courts"
I have this essay at SCOTUSblog, “Brnovich, election-law tradeoffs, and the limited role of the courts.” It begins:
Arizona “generally makes it quite easy for residents to vote.” This framing from Justice Samuel Alito in Brnovich v. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws.
It marks a major victory for states that seek to innovate or tinker with their election laws — to expand them or to contract them. And it is the latest in a string of cases pushing the federal courts out of second-guessing state election laws.
And from near the end:
Brnovich is the latest in a line of cases suggesting that the federal courts should play a smaller role in the patrolling of how states administer elections. Crawford approved Indiana’s voter-identification law. The court’s 2019 decision in Rucho v. Common Cause said that federal courts should not entertain challenges to partisan gerrymandering under the Constitution. In 2020, it decided a series of cases, including Republican National Committee v. Democratic National Committee, which mostly instructed federal courts not to make late-breaking changes to how states administer elections, even in the middle of a pandemic. And it rejected a challenge to the presidential election in Texas v. Pennsylvania, letting state election officials’ decisions stand.