“When an election is close at hand, the rules of the road must be clear and settled,” Justice Kavanaugh wrote. “Late judicial tinkering with election laws can lead to disruption and to unanticipated and unfair consequences for candidates, political parties and voters, among others.”
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“It is one thing for a state on its own to toy with its election laws close to a state’s elections,” he wrote. “But it is quite another thing for a federal court to swoop in and redo a state’s election laws in the period close to an election.”
In dissent, Chief Justice Roberts said the lower court in the Alabama case had “properly applied existing law in an extensive opinion with no apparent errors for our correction.”
Still, he wrote, the Supreme Court’s precedents “have engendered considerable disagreement and uncertainty regarding the nature and contours of a vote dilution claim.”
The correct solution, the chief justice wrote, would have been to agree to hear the state’s appeal — but not to grant a stay in the meantime.
“The practical effect of this approach,” he wrote, “would be that the 2022 election would take place in accord with the judgment of the district court, but subsequent elections would be governed by this court’s decision on review.”
In a separate dissent, Justice Elena Kagan said the majority had gone badly astray.
“It does a disservice to the district court, which meticulously applied this court’s longstanding voting-rights precedent,” she wrote. “And most of all, it does a disservice to Black Alabamians who under that precedent have had their electoral power diminished — in violation of a law this court once knew to buttress all of American democracy.”