We Shall Overcome Some Day…but Not Today: Brnovich v. Democratic National Committee and the 21st Century Version of Jim Crow

In July 2021, the U.S. Supreme Court ruled in Brnovich v. Democratic National Committee that Arizona’s laws requiring voting within a person’s precinct and preventing ballot harvesting (absentee ballots) did not violate Section 2 of the Voting Rights Act of 1965 (VRA), and the prohibition of ballot harvesting was not motivated by a discriminatory purpose.African Americans were among the highest population detrimentally affected by the COVID-19 pandemic. As a result of the pandemic, the required social distancing, and the debilitating health effects within the African American community, eligible voters used ballot harvesting more than ever to vote for their respective candidate. However, due to Arizona’s laws preventing ballot harvesting and requiring people to vote in-person during a deadly pandemic, a 21st century Black Code was established. Before the passage of the Voting Rights Act of 1965, many states used Black Codes to discourage and suppress African Americans from exercising their right to vote. After the passage of the Voting Rights Act and before the Brnovich ruling, statistics of African Americans exercising their civic duty by voting steadily rose. Yet, the law in Arizona and similar laws in other states around the country have been discriminatory toward communities of color. This casenote examines the history of the Voting Right Act of 1965 along with the preclearance requirements that afforded minorities the opportunity to vote; the history of Black Codes and the obstacles minorities faced when trying to exercise their right to vote; the removal of the preclearance requirements in the landmark case Shelby County v. Holder; and the attack against the protections afforded in Section 2 of the Voting Rights Act. The casenote concludes with suggestions for the courts, as they must be cautious when deciding cases that attack the Voting Rights Act.