Kavanaugh’s track record on democracy raises serious concerns,” said Chiraag Bains, director of legal strategies for public policy organization Demos. “A Justice Kavanaugh on the Supreme Court could set us back when it comes to voting rights.” [...]
“Discrimination in all spheres, including in voting, is usually done by stealth,” said Bains. “When people intentionally discriminate based on race, they don’t usually tell you they’re doing it. Folks who are discriminating for whatever reason, whether animus against people of a certain race or to gain partisan advantage, have gotten smarter over the years.” [...]
“The Justice Department did an investigation and found that black voters were significantly less likely to have the ID that the new state law required,” said Bains. “There are [tens of thousands of] registered voters who lack the required forms of ID, and all parties in the [South Carolina] case acknowledge that. And in that case, the court, with Kavanaugh writing for the court, upheld the law and approved its going into effect.”[...]
In his opinion, Kavanaugh noted that “many states have enacted voter ID laws for the stated purposes of deterring voter fraud and enhancing citizens’ confidence in elections.” But “he didn’t give enough attention to the evidence of discriminatory intent,” said Bains about Kavanaugh, who also acknowledged that “minorities disproportionately lack photo IDs” and “the burden of obtaining a photo ID.” [...]
“The American people need to know where Judge Kavanaugh stands,” said Bains, referring to the nominee’s views on discrimination as it pertains to voting rights.