12/19/2025
Chief Justice John Roberts has been working to neuter the Voting Rights Act since the beginning of his career—and he may soon achieve his goal, David Daley argues. https://theatln.tc/mXEbh12S
“In 1982, when the Voting Rights Act was up for reauthorization, the Reagan Justice Department had a goal: preserve the VRA in name only, while rendering it unenforceable in practice,” Daley writes. “A young John Roberts was the architect of that campaign.” Last month, during oral arguments for Louisiana v. Callais, a majority of the conservative justices seemed to signal their willingness to forbid any use of race data in redistricting. Such a decision could lead to the end of the VRA’s Section 2 protections for minority voters, and allow states across the South to redraw congressional districts currently represented by Black Democrats into whiter, more rural, and more conservative seats—potentially before the 2026 midterms, Daley writes.
A central question of Louisiana v. Callais is whether Section 2 should prohibit election laws and procedures that have a racially discriminatory effect, or just those passed with clear racially discriminatory intent—the same question that was at the center of the 1982 reauthorization fight, Daley writes.
The Reagan administration was divided over the VRA. “Moderate Reaganites did not want to battle over the landmark law, which was popular. Ideological conservatives within DOJ spoiled for a fight. They were content to extend the act, just so long as it was impossible to use,” Daley writes.
Roberts’s job at the time was to design the Department of Justice’s VRA strategy. “Roberts’s papers from this era, housed at the National Archives, show his determination and dedication,” Daley continues at the link. “They include memos and talking points, draft op-eds, scripted answers for bosses to deliver in meetings and before Congress, and presentations he gave to senators and Hill staff. These files show how Roberts devised the messaging strategies that made it possible for the administration to claim it supported the VRA, while actually helping to neuter it—an approach he has since mastered as chief justice.”
🎨: Ben Kothe / The Atlantic. Sources: Win McNamee / Getty; Bettmann / Getty; Chip Somodevilla / Getty.