Voting rules and discrimination
Brnovich v. Democratic National Committee
In brief
The Supreme Court sided with Arizona, saying neither rule violated Section 2 and that HB 2023 was not enacted to discriminate based on race, then sent the case back.
- Where it stands
- Decided
Decided 6-3 · July 23, 2021 · Opinion by Justice Gorsuch
- What it’s about
- This case was about whether two Arizona voting rules unlawfully burden minority voters: a rule refusing to count ballots cast in the wrong precinct on Election Day, and a law limiting who may collect and return another person’s early mail ballot.
- Who it affects
- The decision left both Arizona rules in place for this challenge and overturned the Ninth Circuit’s contrary ruling. The Court did not decide whether Section 2 gives people a legal right to sue.
Summary: written with AI from the case record.
What it's about
The Supreme Court upheld both rules.
The case examined how Section 2 applies to voting rules that are neutral on paper but may affect racial groups differently.
Question presented
1. Does Arizona's out-of-precinct policy violate Section 2 of the Voting Rights Act? 2. Does Arizona's ballot-collection law violate Section 2 of the Voting Rights Act or the Fifteenth Amendment?
What the Court decided
Holding
Arizona’s out-of-precinct policy and HB 2023 do not violate §2 of the VRA, and HB 2023 was not enacted with a racially discriminatory purpose. 948 F. 3d 989, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“If a single statute represents the best of America, it is the Voting Rights Act.”
What's next
The Supreme Court sent the case back to the Ninth Circuit (remanded it) for further proceedings. The Court left unresolved whether Section 2 gives people a legal right to sue.
Documents
Docket activity
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
New analysis added
AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
Case data updated: status, opinion_date
Opinion added: opinion
Brief added: Petition
Brief added: Questions Presented
More questions
- What did Brnovich v. Democratic National Committee challenge?
- The Democratic National Committee challenged Arizona’s wrong-precinct ballot rule and HB 2023’s limits on who may collect and return another person’s early mail ballot.
- How did the Supreme Court rule on Arizona’s voting rules?
- It said neither rule violated Section 2 of the Voting Rights Act and that HB 2023 was not enacted to discriminate based on race.
- What happened to the Ninth Circuit’s ruling?
- The Supreme Court overturned it and sent the case back to the Ninth Circuit (reversed and remanded).
- What remains unresolved after Brnovich?
- The Court did not decide whether Section 2 itself gives people a legal right to sue.
- What happens next in Brnovich?
- The case goes back to the Ninth Circuit (was remanded) for further proceedings.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.