Bad call. Now federal judges hearing the case will have to contend with Justice Samuel Alito’s five principles in Brnovich as they assess the Georgia statute.
It won’t be easy to find legal fault under those principles. Mere voting inconvenience can’t be considered disqualifying, since all voting imposes some inconvenience. Any specific voting provision, such as the number of drop boxes, must also be considered in the overall context of a state’s voting rules. Georgia’s rules are generally lenient and don’t especially burden the ability of minorities to vote.
Perhaps Justice can find a federal judge somewhere to rule against Georgia, but such a ruling is unlikely to survive on appeal to higher courts. The legal and political result of the lawsuit is therefore likely to vindicate Georgia Republicans during the 2022 election season or leading up to 2024, depending on how the lawsuits proceed. Mr. Garland would be wise to drop the suit in light of Brnovich, lest his term at Justice be marred by the continuation of this patently political lawsuit.
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