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The Guardian - US
The Guardian - US
World
Will Craft and Sam Levine in New York

Obscure legal theory could weaken voters’ protections from racist laws

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A "vote here" sign outside a polling location in Phoenix, Arizona, on 2 August 2022. Photograph: Caitlin O'Hara/Bloomberg via Getty Images

A federal court has embraced a novel legal theory that seriously threatens one of the last legs of the Voting Rights Act of 1965.

At the heart of the dispute is who has the right to bring a case under the law, a crown jewel of the civil rights movement that has worked to prevent voting discrimination against minorities. For more than half a century, the Department of Justice as well as private plaintiffs – anyone from an individual voter to a civic action group – have filed cases under section 2 of the law, which prohibits any voting practice or procedure that discriminates on the basis of race.

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