This archive report was first published on 12 June 2021.
As Republican-led legislatures in several states impose new voting restrictions, Attorney General Merrick Garland has pledged to protect the right to vote. However, his efforts are hindered by the lack of new laws from Congress.
Despite his pledge, Garland's ability to act is limited. He can sue states that violate federal voting rights laws, notify state and local governments of potential violations, and charge individuals who intimidate voters. However, the Justice Department's most powerful tool, the Voting Rights Act, was significantly weakened by a 2013 Supreme Court decision.
The decision struck down pieces of the act that required states with a history of racial discrimination to receive Justice Department approval before changing their voting laws. Now, the department can only sue after a law has been passed and found to violate the act, allowing restrictive laws to stand through multiple election cycles.
Garland's top lieutenants, including Vanita Gupta and Kristen Clarke, are high-profile voting rights advocates. However, any new steps to protect voting rights are unlikely to move quickly, according to Joanna Lydgate, a former deputy attorney general of Massachusetts.
