By Michelle A. Behnke
Our nation is confronting a profound test of its commitment to representative democracy and equal justice under the law.
In the wake of the U.S. Supreme Court’s recent decision in Louisiana v. Callais, concerning the Voting Rights Act of 1965, legislatures in several states are moving aggressively to redraw districts in ways likely to reduce minority representation and reshape the political landscape ahead of the 2026 midterm elections.
For decades, the Voting Rights Act has served as a safeguard against voter disenfranchisement. It provided citizens with the ability to challenge electoral maps and voting systems that deny minority communities an equal opportunity to participate in the political process.
Historians have long recognized that discrimination in voting does not always announce itself openly; it often operates through systems and structures that weaken communities’ collective voting power.
By raising the legal burden of proving discriminatory redistricting and emphasizing proof of intentional discrimination, the court has weakened the ability of citizens to challenge maps that produce discriminatory effects unless they can prove intentional racial discrimination.
Many legal scholars and voting rights advocates have warned that this ruling effectively diminishes much of the practical force of Section 2, especially in states where race and partisan affiliation are deeply intertwined.
The implications extend beyond any single election cycle or political party. When voters believe their ballots carry less weight because district lines have been manipulated for whatever purpose, race or party, public confidence in democratic institutions erodes. The result could be disenfranchising.
The American Bar Association has long maintained that fair and equal access to the ballot is fundamental to the rule of law. Lawyers have a unique responsibility during moments like this.
We encourage all lawyers to participate directly in efforts that strengthen election integrity, civic engagement and voter access. Lawyers are uniquely positioned to educate their communities about voting rights, to serve as poll workers and to provide pro bono counsel to voters facing barriers at the ballot box.
The ABA will continue to provide members with resources to understand the rapidly evolving legal landscape surrounding voting rights and redistricting.
Through our Standing Committee on Election Law, members will have access to educational programming, analysis and nonpartisan election information designed to support informed civic engagement.
Our nonpartisan Election Center provides information on voting, registration deadlines and polling places. Our Poll Worker, Esq. initiative encourages lawyers to volunteer as a poll workers. These are just a few ways you can engage.
This moment calls for engagement, professionalism and leadership. We cannot remain indifferent when legal protections designed to safeguard democratic participation are under strain.
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Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wisconsin, is president of the American Bar Association. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
Our nation is confronting a profound test of its commitment to representative democracy and equal justice under the law.
In the wake of the U.S. Supreme Court’s recent decision in Louisiana v. Callais, concerning the Voting Rights Act of 1965, legislatures in several states are moving aggressively to redraw districts in ways likely to reduce minority representation and reshape the political landscape ahead of the 2026 midterm elections.
For decades, the Voting Rights Act has served as a safeguard against voter disenfranchisement. It provided citizens with the ability to challenge electoral maps and voting systems that deny minority communities an equal opportunity to participate in the political process.
Historians have long recognized that discrimination in voting does not always announce itself openly; it often operates through systems and structures that weaken communities’ collective voting power.
By raising the legal burden of proving discriminatory redistricting and emphasizing proof of intentional discrimination, the court has weakened the ability of citizens to challenge maps that produce discriminatory effects unless they can prove intentional racial discrimination.
Many legal scholars and voting rights advocates have warned that this ruling effectively diminishes much of the practical force of Section 2, especially in states where race and partisan affiliation are deeply intertwined.
The implications extend beyond any single election cycle or political party. When voters believe their ballots carry less weight because district lines have been manipulated for whatever purpose, race or party, public confidence in democratic institutions erodes. The result could be disenfranchising.
The American Bar Association has long maintained that fair and equal access to the ballot is fundamental to the rule of law. Lawyers have a unique responsibility during moments like this.
We encourage all lawyers to participate directly in efforts that strengthen election integrity, civic engagement and voter access. Lawyers are uniquely positioned to educate their communities about voting rights, to serve as poll workers and to provide pro bono counsel to voters facing barriers at the ballot box.
The ABA will continue to provide members with resources to understand the rapidly evolving legal landscape surrounding voting rights and redistricting.
Through our Standing Committee on Election Law, members will have access to educational programming, analysis and nonpartisan election information designed to support informed civic engagement.
Our nonpartisan Election Center provides information on voting, registration deadlines and polling places. Our Poll Worker, Esq. initiative encourages lawyers to volunteer as a poll workers. These are just a few ways you can engage.
This moment calls for engagement, professionalism and leadership. We cannot remain indifferent when legal protections designed to safeguard democratic participation are under strain.
————————
Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wisconsin, is president of the American Bar Association. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
