Yes, but I don’t see what VRA provisions the cases I listed could violate? Unless you can show state level election discrimination. And the standard for VRA violation is apparently much higher than I think it should be, given the difficulty of stopping or reducing gerrymandering.
Section 2 of the 14th amendment might apply, but it’s at best unclear whether it means there have to be popular elections for choosing electors at all. At the time it passed there were still plenty of people around who remembered when most state legislatures chose electors directly.
TBH, with the current court I think it’s more likely such a case would get the VRA gutted. The constitution explicitly gives state legislatures authority to apportion electors.
Note: this is not the same as trying to overrule popular vote results after an election happens. That got talked about a lot in 2020, I agree it would not be allowed.
Given that the Supreme Court upheld the Voting Rights Act of 1965, state legislatures aren’t able to do just whatever they want without limits.
What those limits would be in a particular case, is something you will only find out when had a few legal battles.
Yes, but I don’t see what VRA provisions the cases I listed could violate? Unless you can show state level election discrimination. And the standard for VRA violation is apparently much higher than I think it should be, given the difficulty of stopping or reducing gerrymandering.
Section 2 of the 14th amendment might apply, but it’s at best unclear whether it means there have to be popular elections for choosing electors at all. At the time it passed there were still plenty of people around who remembered when most state legislatures chose electors directly.
TBH, with the current court I think it’s more likely such a case would get the VRA gutted. The constitution explicitly gives state legislatures authority to apportion electors.
Note: this is not the same as trying to overrule popular vote results after an election happens. That got talked about a lot in 2020, I agree it would not be allowed.