The Eleventh Circuit is set to hear a case that asks it to rewrite Section 2 of the Voting Rights Act by requiring plaintiffs to show that race alone accounts for polarization in the electorate—an impossible-to-satisfy requirement that would reorient the law from its proper focus on discriminatory results to the subjective intent of voters. Georgia Secretary of State Brad Raffensperger filed this appeal after Black voters and organizations successfully challenged the state’s new congressional and legislative maps. The Brennan Center and co-counsel Paul, Weiss, Rifkind, Wharton & Garrison LLP filed an amicus brief supporting plaintiffs-appellees.
https://www.brennancenter.org/our-work/court-cases/alpha-phi-alpha-fraternity-inc-et-al-v-secretary-state-georgia-amicus-brief