July marks the end of the 2023 Supreme Court term. In the final few days of the term, several blockbuster cases were decided along party line 6-to-3 decisions with the six Republican-appointed Supreme Court Justices composing the majority. While some cases' rulings did not go the way we would have preferred — there were three notable exceptions.
These cases addressed preserving the heritage of Native American children, ensuring Black voters had equal access to our democracy, and that state legislatures could not wield nearly unchecked power over federal election processes in their state.
Haaland v. Brackeen: The Court upheld the Indian Child Welfare Act of 1978. The Act sought to keep Native American children who had been removed from the care of their immediate families with their extended families within the tribe and help preserve their heritage — rather than the broader foster care system. Presidents, Members of Congress, and other leaders from both sides of the political spectrum agree that this law helps the United States meet our moral and legal obligations to protect native children, families, and tradition.
Moore v. Harper: The Supreme Court decided against "independent state legislature " legal theory that suggested state legislatures wield unchecked power to determine the rules for federal elections within their state. State courts being able to exercise oversight over federal elections would have been damaging to certain voters' access to participate in democracy.
Merrill v. Milligan: The Supreme Court rejected a redistricting map in Alabama that would have diluted the Black residents' votes. While this specific case was focused on a map in Alabama, several other maps from the 2020 census redistricting process exhibited the same issue. Now with the Supreme Court holding in this case, maps in Louisiana, Georgia, and other states will need to be redrawn to ensure Black voters have an equal opportunity to elect the leaders of their choice.
While we did not get as many legal victories as we wanted this term, we cannot overlook these important cases and the impact they will have on generations to come.
More soon,
Rick
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