How did Brnovich v. Democratic National Committee interpret Section 2 of the Voting Rights Act?
In Brnovich v. Democratic National Committee (2021), the U.S. Supreme Court ruled that state voting restrictions do not necessarily violate Section 2 of the Voting Rights Act (VRA) even if they disproportionately burden racial minorities.1
The Court interpreted Section 2 by asserting that subsection (a)’s prohibition on discriminatory results must be read in conjunction with subsection (b), which requires that a state’s voting system as a whole be "equally open" to all groups. The majority argued that a violation is only established if, based on the "totality of circumstances," a rule limits voting opportunities such that participation is less open to minorities than to other citizens.1
To assess these claims, the Court established five "guideposts":
* The size of the burden imposed, specifically if it exceeds the usual effort of voting.1
* The extent to which the rule departs from practices standard in 1982.1
* The size of any racial disparity in the burden.1
* The range of voting opportunities provided by the system as a whole.1
* The strength of the state interest served, such as preventing voter fraud.1