How Manchin and Sinema Completed a Conservative Vision

[Uncle Joe]

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Roberts as much as anyone set in motion the events that have led to this week’s climactic Senate confrontation over voting legislation. In a series of rulings over the past 15 years, the Supreme Court, often in decisions written by Roberts himself, has consistently weakened federal oversight of voter protections and struck down federal regulations meant to reduce the influence of money in politics. Almost all of those decisions have unfolded on a strict party-line basis, with the Republican-appointed justices outvoting those appointed by Democrats.

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Roberts, who served as a young clerk to conservative Supreme Court Justice William Rehnquist and as a Justice Department assistant in the Reagan administration, has long expressed hostility to federal oversight of voting and election rules. As the journalist Ari Berman recounted in his 2015 book, Give Us the Ballot, Roberts “led the charge” against the bipartisan 1982 reauthorization of the Voting Rights Act, which ultimately reversed a Supreme Court decision (supported by Rehnquist) weakening one key section of the law. Roberts wrote “upwards of 25 memos” opposing the legislation’s provision requiring that the Justice Department prove only discriminatory “effect” rather than purposeful “intent” in order to block state or local voting restrictions. (The Court had ruled the opposite, severely limiting the law’s applicability.)

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Roberts has often appeared reluctant to let the Court be seen in purely partisan terms. But that instinct, as many critics have noted, has not extended to cases involving the core electoral interests of the two political parties—cases in which he’s been entirely willing to engineer sharply divided rulings that separate the justices along partisan and ideological lines. (No Democratic-appointed justice has supported any of these rulings.)

“There’s no consistent explanation that can account for Roberts’s rulings in election-law cases other than just a partisan motive,” Stephanopoulos, echoing the view of many critics, told me. “Intervene when it’s restrictions on money in politics; don’t intervene when it’s partisan gerrymandering or voting restrictions. Intervene again when it’s Congress trying to do something about racial vote suppression or racial vote dilution. Sometimes mention the Framers, sometimes don’t mention the Framers. It’s anything goes as long as the final outcome is the preferred partisan outcome.”

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https://www.theatlantic.com/politics/archive/2022/01/manchin-sinema-filibuster-voting-rights/621271/