Who Can Enforce Voting Rights Laws? The Right Wing’s Latest Legal Theory
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- čas přidán 21. 12. 2023
- This podcast was originally published March 10, 2023.
Civil and voting rights groups have long challenged voter suppression laws and unfair maps in court using federal voting rights protections. But the conservative legal movement is now arguing that individuals and groups cannot bring these lawsuits - only the U.S. Department of Justice can - proposing that there is no private right of action in crucial federal voting laws. If courts endorse this concept, laws like the Voting Rights Act would be severely undermined and become largely unenforceable. Marc and Paige discuss where this surge of private right of action lawsuits came from, the current cases pushing this theory and what could potentially happen.
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Resources:
Related links:
The Conservative Legal Movement’s Latest Target: www.democracydocket.com/analy...
Private Right of Action, Explained: www.democracydocket.com/analy...
This Civil Rights Provision Protects Your Vote from Simple Mistakes: www.democracydocket.com/analy...
Is the DOJ Doing Enough To Protect Voting Rights?: www.democracydocket.com/analy...
Case pages:
Vote.org v. Callanen: www.democracydocket.com/cases...
Arkansas State Conference NAACP v. Arkansas Board of Apportionment: www.democracydocket.com/cases...
Brnovich v. Democratic National Committee: www.democracydocket.com/cases...
I can't thank you enough Marc and Crew!!!
We "the People" have needed a "Democracy Docket" for a very long time!!!!!!!!!
❤❤❤
Teams tie die T shirt 👕 is sky blue
Thank you to The Elias Law Group for defending regular Americans, like myself, rights to vote. I live in Texas, and I am sick and tired of criminals, like our indicted TX AG, who should not even have the right to sneeze on our rights, much less try to strip us of our rights.
💯💯💯💯💯💯💯💯
Trump likes him.
Free Texas women.
Vote him out😊😊😊
I like him
I was 18 years old the first time 18 year olds could vote .
The Vietnam war , was the big reason 18 year olds fought for that right . If you are old enough to be drafted , and your senior trip is to Vietnam , you are old enough to vote .
Now at 72 , I will vote for Democrats to help keep those voting rights . And Democracy . After all , I had grandmothers , and an aunt , and even one cousin , who marched in the streets , and worked hard for the right for women to vote . And I am sich of republican , appointed judges . So to be fair voting for judges should become second nature to all citizens .
I am now 81 and in the 10 between our age the Republicans have done so much to keep control to kill the American dream with there LIE cheat and stealing of votes. Keep defending yourself rights
Yes. Today our weak, inept Dem campaign strategists are selling us out through their failure to motivate young people, minorities, and especially the 70 million elderly whose Social Security/Medicare is under threat from the GOP.
In a functional democracy, the Supreme Court would vote against voter suppression in all forms.
In this country, the justice system is failing over and over again because of the insane and devastating system that judges are appointed by politicians.
And those justices lie to get confirmed
@@user-rz5vl5ft3k What baffles me is that nobody talks about it!
I think the reason for this is that most people believe that the so-called "founding
fathers" are holy and infallible.
This is cultish.
In a cult, the cult leader is holy and infallible.
(Just ask people in Trump's cult.)
Thank you. These people are so good at being very very bad!
And good liars😊
On a mission. Being instructed. Compromised politicians believe in Heritage's Project 2025.
The mean Mockery inflates the frightened, insecure ego
Imagine how hard republican heads would explode if the line of reasoning used by the AGs of Texas and Arkansas to suppress voting rights were applied to second amendment rights.
They would absolutely guarantee a private right of action.
Before Dobbs v Jackson Women's Health Organization decision overturned Roe v Wade decision, TX empowered private parties to sue abortion participants and aiders, to pretend that lawsuits in TX courts were not government restriction of abortion. TX Republican office holders love private right of action when it helps the Republicans take other rights away from citizens.
Well said!
Dems like original words in 14th. Sec 3 Supremes!
Like 'regulated'!
CO resent case, attorney said there was an argument over the definition according to Websters on def. Of "Insurrection"!!!
yeah they don't care about the rights accorded to us by the First Amendment but don't touch the Second Amendment right
Thanks for the information and all that you guys do Marc! We have to keep democrats in all three branches. Vote blue in 2024 !
Thank you for making it easy to understand.
Every eligible voter should have access for their voice to be counted.
Marc you are amazing 👏🏾 you are a true patriot for American democracy & civil rights. On behalf of America I would like to tell you that you are most appreciated. 100%...
💟🇺🇸🎄🫶
Thank you for defending democracy! We are in scary times.
If you had any interest in defending democracy you would let democracy decide Trump fate....you guys have blown the "defending democracy" BS
Defending democracy is not removing RFK Jr and Trump from ballots keeping people from voting for them. That’s the exact opposite cult member
@@altrusianwolfdog2564 who tried to circumvent the constitution? Can you figure that one out?
@@ThatOpalGuy Don't know. All I get is narratives..Has somebody been convicted of something I don't know about?
That's not democery it's a dictator ship. This is why Amercia has to FIRE BIDEN AND HIS CROOKED AMIMASTRAION.
Huge thanks to Marc Elias and your team of valiant lawyers for fighting for democracy!
Sedition against the constitution. It has the same penalty as treason.
I cannot express how very much I respect and admire you. You give everything to us every day about how to continue to protect our voting rights and our freedoms, and by fighting every day for the conscientious, caring, devoted Americans need you more than ever. I, as one of millions, respect you and your hard work for us. You give more than just commentary, you give us hope and the belief that through you and your staff we will be granted justice and the basic rights granted to us through the Constitution and we pray they who would destroy our country and it's blessings bestowed upon us by our Founders will be strengthened and upheld forever. God Bless and keep you. I will fight to keep up the Good Fight for all Americans everywhere.
Agree.
DITTO that💙💙💙🇺🇸🇺🇸🇺🇸
I agree in full!
Thanks 🙏 for all you do Marc. Nice picture 🖼️ of your dog behind you You're a Rockstar. VOTE BLUE 💙
Great commentary. Always amazed how fragile the thin chords that hold up government by the people through their voice at the voting booth. So few bad actors to take such Young protective legislation of our voting rights and trash them. Keep up the fight.
This is both a positive and negative aspect of a participatory democracy. That is why many like the "easy way out " by passing the responsibility of to someone else for decision making . The first requires attention and information/ knowledge . The second requires ignorance and sloth.
@@georgesheffield1580 Real work's the payment for our form of government.
I hope kids will tearaway from TIK TOK and NFLX long enough to ferret out the facts....
Are most all governments representative? Even Madagascar should have some sort of Council or counselor elders?
Get your.point civic duty...really sad if people are AFRAID to VOTE. Texas's just signed SB 4 bill snuck in in 4thbsession (vouchers kept failing) would allow law enforcement to pick up (arrest?) and hold anyone suspected of being an undocumented immigrant. Governor says new border.laws will scare people away⁉️🤕🫨
@@jannichi6431 ADRAID TO REVEAL THEMSELVES IN POLLS. What you see is not what you get....
Mark and Page, you guys are treasures to this country! I am working hard to spread the word about the important work you're doing for the preservation of
our basic right to vote and preserve our
drmocracy and
preserving free and FAIR elections!
Thank you both with much gratitude!🙂👍
Marc is so smart. Know I'm on the correct side with the nice attorneys, not losen cruzin nor Ken I?PACson.
Texas may need their own T-shirt: 👢NO PACK and CRACK 🏛️🤠 for.gerrymander reform
American people, ignorance is NOT bliss. We the people MUST EDUCATE ourselves to our VOTING RIGHTS & WHAT OUR POLITICIANS ARE DOING, then ACT.
This is why I am so very happy to have found Marc Elias and Democracy Docket. Thank you Marc Elias for all the work you & your firm are doing to PRESERVE OUR RIGHTS.
VOTE FOR DEMOCRACY, GREEN AND FREEDOM. VOTE TRUE BLUE.
💙🇺🇸💚👍😇
Democracy is a contact sport, also in the courts.
I know it sometimes turns out that way, but only when things are broken. The better people plan and prevent, the less conflict. How many people can we bring in to solutions? If it's too few, expect more conflict.
Whoh - In depth description of the private right of action. I never understood how this all worked. Refreshing in the world of “Quick start guide” explanations. Thank you.
Private right of action should expand not contract. Otherwise people can do crime out in the open and the people are helpless.
Fascism alive.and well in the LONE state.
Forget star🫠🥀💪🤢🤮
@@jannichi6431 The star is its rating.
It makes sense as long as courts are quick to get rid of frivolous cases. It would take a lot of the burden off of states, and it would get stuff done.
EXCELLENT as ALWAYS
We NEED to start a new Schoolhouse Rock-type series !!
Autocrats don't do as well with SMART citizens
Always learn something important when I listen
Thank you sir,continue fighting the good fight for voters and democracy ❤
Unbelievable. Thankyou for keeping your eyes on this.
Is congress always this dramatic, this feverishly bent on republican denial of civilians' rights, lives, expectations of justice for the poor or needful? Or is it due to Trump's influence?
It’s always been this way. We need Democracy Docket desperately now more than ever. We each carry the mantel passed on by the generation before us in the fight for justice, then we pass that mantel to the next generation. The fight never ends. There will always be those who do not believe in equal rights and democracy, who will try to tear it down, but that’s where people like Marc and so many others come in with our support.
40 years, since Reagan post LBJ Texas wants a All Republican world, Red not Barbie pink.
If GOP want to argue the privacy act, question for you...will this not also affect any arguments/challenges of vote counts after an election? For example, the 90 some challenges Trump team brought to courts in 2020...these then would be thrown out if not brought by DOJ? Just thinking that GOP is really cutting their toes off before the 2024 election and they have not thought this through. (as usual)
"private right of action" - there are some laws (such as criminal law) that only the government can prosecute. private right of action is the offended party in a civil action suing the offender for money damages. there is a third action where both the government and private offended party can sue, such as in government contract fraud: the government often relies on the private suits to tip them off. in the case of the voting rights act, private litigants, such as the aclu and naacp, can sue. the majority of suits to protect right to vote are brought by these private litigants. removing these private litigants shifts the burden solely to doj which does not have the resources or in the position to in the way the private on the ground litigants do.
W/o private right of action, citizens are unprotected under an ant-rights US AG.
Thank you for all the work you are doing. It gives me some hope that there are people like you, out there defending democracy itself.
Thank you Marc, for explaining this in such easily comprehensible detail. The stakes are so high this coming election but it's heroes like you, fighting for the rights of all Americans, that continue to give me hope.
The US of A are pretty unique among Western nations in that there is any issue about voting at all. I can't remember a single discussion in Germany in the last 50 years where voter registration (which we don't have anway), gerrymandering or any other of the problems you have to waste your time with had been even a minor issue anywhere. The only thing we have is utter incompetence as to how to lawfully organize the election on a local level (like in the last national election in many Berlin voting districts) which is not politically motivated in a partisan way at all.
How many political parties does Germany have presently? Because part of the problem in the USA is there are only two political parties.
@@69LordRahl Our voting system keeps it that way. Most states have primaries by party, which means that only established parties have a chance. Third party candidates "handicap" the race, taking votes from whoever is in the lead. It's unfortunate, but will stay true unless we change the system in most states.
Thank you, thank you, thank you!
I really appreciate your herculean effort to keep people able to vote in fair elections. Thank you and Happy New. Year 😊😊😊😊😊😊😊😊
Thank you Mark for everything that you do to explain the legal system. Merry Christmas.. 🎄
Great job, Paige. I enjoyed your presence and engagement. Thanks so much for your work with DD ,Mark. I found you on CZcams today!
She adds great recap and clarity. Paigeis awesomely smart. Law degree already?!
"The weak in courage are strong in cunning" ... William Blake
Too sadly true...
In conservatism, the dominant caste in-group is protected by law but not bound by it-which is small governement for them; but for despised out-groups they are bound by law but not protected, meaning a lot of government hindrance and obstacles to their protection whenever their interests are at stake.
This "movement for the restoration of unopposed bigotry" is nothing but dangerous and oppressive to targeted minority groups.
Is that "true conservativism" or is it like how Christian Nationalism uses the perception of "Church Good" to whitewash their actions and turn their followers into obedient troglodytes? Actual Christianity going by the words and deeds of Christ would never force itself on anyone. The Disciple who betrayed him, Judas, was wanting a more militant Messiah.
The MAGA calls "The Sermon on the Mount" WEAK. So adding the word Christian to Nationalism is a misdirect.
Is there any true conservativism that does not have racism as an agenda?
First minorities, then ALL. Hitler DID same with gays, children's schools, the private clubs, chip chip chipping away and freedoms and privilege of ownership.
Ultimately, wearing the minority distinction on clothes and carrying papers. Like Texas Hispanics may have to with SB4 saying law enforcement Public Safety can detain suspected 'illegal border crossers. So vague would include Dreamers???
Radical is.not."Conservative" Marc and polite lawyers😎
Thank you again for all you do!
You encourage us all to pick up the torch and fight for Democracy.
I hope calling it out so consistently and logically will straighten out their twisted thinking!
They don't care about anything but power😮.
They love power with no accountability😮
Thank you for everything you do
Thank you for all you do! 💙🤗
🗽🌊🌊🌊🌊🌊🌊🗽
Interesting and highly informative. I’m so grateful for laymen’s explanations
Marc and Paige!
Thank you so much!
Marc is my hero!
Paxton argueing for the govt only being able to enforce action ,YET he and the legislature and govenor now allow a person ,ANY PERSON to sue anyone who helped or may have helped in an abortion . A person from anywhere with NO standing .
marc, thank you for promoting democracy. thank you for promoting freedom. thank you for being for the common wo(man).
Thank you! Mark!! Always appreciate your educating us this way. You mentioned Kevin McCarthy towards the end. He’s leaving at the end of 2023
It looks like the podcast was originally put up in March. They re-posted it. Do you think they're still right now that the House is under Mike Johnson? I think so. He won't help the DOJ work on voting rights.
Part of the problem is that the REASON SCOTUS gutted the Voting Rights Act was because they explicitly stated in their ruling that you are allowed to the right of a redress of grievances so it was not needed. This recent ruling that a private citizen cannot sue literally contradicts this ruling by SCOTUS. So the problem is If they rule in favor of the latter would that not reinstate the Voting Rights Act? Because technically the Voting Rights Act WAS IN FACT the method and metrics by which the government would be allowed to intervene?
Thank gawd for people like Marc Elias and others who are fighting these right wing fascists in the courts for all of us. Also thankful for Brian Tyler Cohen to give Marc Elias a bigger audience to learn about his important work in saving our democracy from the autocrats!
True All Honest.tell it like it is
Agree. I never miss either of these Podcasts.
Thank you so much for explaining this.
I live now in TX and they make seniors and disabled who need to or want to vote by mail EVERY SINGLE YEAR TO RE-REGISTER AND you must tell them you want to vote in ALL ELECTIONS!
Wow
Thank you for clearly informing voters.
Depressing but important information to be aware of. Thank you!
on the gutting of voting rights act section 5, i am not up on the impact of it over the years but would it not have cleared the path for an unencumbered right to vote for all everywhere? have we ever really had that? and if so, why not? what was missing? on the current attempts to cut the private right of action, can those private litigants instead appeal directly to doj over what they've found?
Section 5 reduced gerrymandering for a while. Some gerrymandering got through when a state could make it look legal. They try to make it look like it isn't based on race. There have been other problems that aren't covered. They mainly happen in red states. Rich, White areas are likely to have enough voting sites. Poor, Black areas often have voters waiting in line half a day. Sites have broken equipment, lost registrations, and more. Poor people have trouble getting time off work, so "inconveniences" keep them from voting.
The DOJ will try to help when the executive branch is run by the right president. It has to be one who believes in voting rights. However, DOJ would need funds and staff to expand. It can't replace all of the private actions. It's worse when a president doesn't like voting rights. They can put someone in charge of the DOJ who will ignore all of those cases.
Thanks
just a suggestion, and probably not for this show, but i would like to see that no government agency can be hobbled by the whims of any administration. the overriding reason that government doesn't work is bc government agency enforcers get defanged and underfunded or in some cases weaponized so that they fall into dysfunction. what happened in east palestine ohio and the fate that community is doomed to amply demonstrates this.
I absolutely enjoy
“Defending Democracy “
Thank you so much for all you do. And I've forwarded IT to EVERY ONE...,...
Thank goodness we have people like Mark and team trying to uphold the Constitution of the United States!
THANK YOU.
Thank you for your work! You two make a great team. Marc explains thoroughly while Paige keeps the conversation organized.
Thank you for all the work you do on behalf of voters.
As voting is an exercise of a citizens which a slave does not hold acts of constitutional violation and those legal efforts to seek remedy and clarity are protected under the under the 3rd amendment of which makes the right to bring suit or otherwise seek a judgment non exclusive to the state under the 3rd amendment
Thank you for keeping your finger on voting rights! Slava Ukraine 🇺🇦 #voteblue dump maga 🗳💙
This full-frontal attack is happening behind courtroom doors where _no one_ sees them. No one except folks like you. Thank you for fighting the good fight.
Thank you both SO MUCH!!
What goes on in the courts is important, but vastly less important than the impact of VOTING, which affects not only legislation but the competence and fairness of the judges making up the court system. If we complacent Dems had turned out to vote in 2016, the courts would be very different.
Teddy bear lose cruzin was bragging in Pennsylvania midterms about.tossing mail votes, signature.match crap. Watch this space, as Rachael would say.
Thank you so much!
The Feds have the right to amend the Constitution and along with states have the right to set the hurtles that we must jump in order to be invested with the right to vote but once I clear those hurtles- I’m the right age and all the rest - then that right vests in me. It’s MY right to vote and not theirs. They still have the right to outright change the rules or come after me if I break the rules and give up my right but until then It is my right and my right to sue if the Feds the state or anyone else breaks the rules and tries the interfere with MY voting rights. The people sitting around at the federalist society and some of these other “conservative” think tanks are thinking themselves into absurdities. A reasonable man would know that they have the right to enforce their rights and would not give that right up to another agency to maybe/maybe not do that for them.
So appreciate you and all you do. Huge thanks.❤
Thank you Steve for doing such an excellent commentary especially with the heart that gives Hunter and his family a deep understanding.
Economic investigator Frank G Melbourne Australia is still following this very informative content cheers Frank 😊
acknowledging that Democracy is expensive; how much DOJ funding increase would be needed to “do the job” ?
Asking for when Dems regain control of House, because adequate funding for DOJ, FBI, SEC is clearly needed.
Thanks for all you guys do!!!
Get rid of the electoral college! Let all Americans vote have the same power. The popular vote should be the winning candidates. Republicans are afraid of that!!! Vote Blue
Yes. Vote blue. While we still can vote at all.
Save democracy first. Work on constitutional amendments when the Democrats have the presidency, House, and Senate and enough state governments to ratify amendments.
@@user-cr9kj7cn4d Trump wins, democracy's OVER. Trump loses, we STILL have a fight on our hands, he'll hurl his mob AGAIN.
Removing the electoral college would solve some problems, but it does not make ‘all votes equal’. It doesn’t change states that have gerrymandered districts, it doesn’t fix laws that make it more difficult for the elderly to vote, or for anyone to vote electronically, or removing drop boxes from lower income levels. There are many more situations it doesn’t cover.
@@gcro9206texanforever Good news "Democracy docket" is bringing the next jerrymander case early January, where Democrats and the GOP are 50/50, but somehow the state legislature always is 2/3rds GOP, 1/3 Democrat for DECADES. STAY TUNED
It seems the association of privacy is directly related to the states right to exercise the use of prisoners as slaves otherwise it would be a clear 3rd amendment violation
💓right on bro🤓
Marc Elias, thank you so much! Really really appreciate! I can't help it to feel bad for taking school for granted when I was younger, if it wasn't for you any others fighting for democracy I probably would be missing out on a whole lot! Thank you my friend.
As always… thank you for all you do
Learned a lot! Great questions. Thank you!
.
You are a true American Warrior.❤️😊
2,991 views. 450 👍🏻. December 22, 2023. 8:19am John Price. Age 39. Atlanta Georgia USA.
great episode - thanks for explaining it so clearly
The info you provide is clear and to the point. Thank you for your fighting spirit
Thank you for this education!
An very good example of this horror story is the ruling in the favor of, Moms For Liberty.
Have to Google. Just know a threesome got rough. There is a video of graduation speech & School Board meeting? Did she step down ruling?
So embarrassing, I signed up at first. Freedom and Liberty bad words now. Trump AI Red.language cult talk. Just waiting for the key word like Tic TOC.
still.miss Emily's List research on candidates. So organized and effective at coaching wanna be candidates.
Funky indeed! So sad my Texas hates so many people 😢
What a privilege it must be to get indicted and not prosecuted our two tier justice system at work.
Thanks for your work!!
They have the best tutor, Trumpet💙💙💙
Thank you!👍🇺🇸💙
Thank you for these clear explanations.
IMHO: Equal Opportunity Under the Law, like healthcare, only exists on TV, and then only in the 50s on Perry Mason
VOTING IS OUR VOUCE. KEEP IT SAFE. VOTE BLUE!!
Thank you!
This has been very informative Ty!
Thank you for what you do
Voting is anINDIVIDUAL RIGHT NOT to be shorted🗽⚖️🇺🇲📜
Florida is like that, here’s a case without naming names ,I know personally. 1 girl was arrested for assault with a deadly weapon. Falsely mind you. The woman pressing charges while the girl sat in jail unbeknownst to the prosecutor and the supposed criminal suffered from some genetic problem which was under control at the time of the reporter assault and the girl unable to bail out because of financial reasons sat in jail for about 4 months pleading with a judge who in many opinions wasn’t and shouldn’t be on the bench for many reasons. Cut to 4 months down the line the supposed victim was told by her physicians her condition was less treatable and life threatening. A guilty conscious made her admit she falsified some of her report to the police and she decided to drop the charges because she felt she couldn’t live with herself leaving the girl in prison who was facing a couple of years after the pending trial, even though she was going to die . After she dropped the charges the state of Florida prosecutor said he was going to go ahead with the charges because in Florida prosecutors can do so without a victim’s cooperation. The girl was being threatened from 4 years had the woman gone ahead with the false accusations to 5-19 potential jail term to force the girl to take a plea deal where for release she did not sue the state. Now unable to afford an attorney and had the girl been able to afford bail could have cleared herself after trial along with stresses from already being in that locked up environment took the plea deal just to be let out of jail and signed away her right to bring charges against the state or anyone involved . Dirty dirty south. By the way shortly after the judge after a couple of years still on the bench was removed. Can’t recall why but they booted the judge . Think everyone had enough already.
Ronald Reagan's first act in Office in 1981 was to Devastate the US Department of Justice's Civil Rights Division from 108 Attorneys to 8
😢😢
I love your show thank you
Excellent work
We the people period Lonnie ray