Kristen Clarke: Kavanaugh must recognize voting rights are under attack

There is no right more central to American democracy than the right to vote. Yet, this administration has undertaken relentless action to make access to the ballot box more difficult. Questions about voter suppression, racial and partisan gerrymandering and more will be at the forefront of the Supreme Court’s deliberations for the foreseeable future.

If, as the President has promised, his new nominee will be a “home run” in the manner of Justice Gorsuch, Americans have a lot to worry about with respect to this nomination. Justice Gorsuch has already distinguished himself in the arena of voting rights by approving a process that made it easier for Ohio to purge legitimate voters from the rolls, and in joining Justice Thomas in a flawed concurrence holding that Section 2 of the Voting Rights Act — the sole safeguard of minority voters against discrimination after the evisceration of Section 5 of the Voting Rights Act by the Supreme Court in Shelby v. Holder — does not apply to redistricting cases.

Over the next few terms, the court will be faced with significant voting rights challenges that arise out of the 2020 Census, including challenges to racial gerrymandering which continues to rear its ugly head in redistricting efforts across the country. A number of cases concerning partisan gerrymandering that were sent back to lower courts this past term will return in the near future.

It is critical that any new justice recognize that voting discrimination remains part of our ongoing political reality in this country and bring a commitment to fairly enforcing federal voting rights laws. Simply put, voter suppression efforts targeting African Americans, Latinos and other people of color, remain rampant and widespread and any judge confirmed for a seat on the court must be willing to acknowledge this.

While Justice Kennedy was far from perfect on all voting issues, at times he clearly recognized the need to uproot the discrimination that infects society today. It is time for the Senate to stand up and carry out its constitutional obligation of reviewing Judge Brett Kavanaugh’s record to determine his commitment to fairly enforcing and applying the constitution and federal voting rights laws in our country. Democracy itself is at stake with this nomination.

Kristen Clarke is president and executive director of the national Lawyers’ Committee for Civil Rights Under Law, which leads the Election Protection Coalition, the nation’s largest nonpartisan voter protection program. Follow her at @KristenClarkeJD.