Has the Voting Rights Act Reached Its End? | S2 E13

Is the Voting Rights Act still standing? After the Supreme Court’s decision in Louisiana v. Callais, that’s no longer a rhetorical question—and few people are better positioned to answer it than Dan Tokaji. Tokaji—Dean of the University of Wisconsin Law School, a leading election law scholar, and a founding member of Election Law at Ohio State—returns to walk the hosts through how we got here. His verdict is blunt: with Callais, the last major pillar of the VRA has fallen. He traces the line from Shelby County to Brnovich to today, shows how partisanship has quietly become a near-airtight defense against claims of racial discrimination, and names the human cost—fewer Black and Latino lawmakers, especially across the South. But this isn’t a eulogy. Tokaji makes the case for a “lift all votes” strategy aimed at partisan gerrymandering, and points to where change is still possible: state courts, state constitutions, and the ballot box. The conversation digs into what actually keeps this fight alive—what counts as a remedy, whether proportional representation could help, and why some red states are choosing not to redraw their maps at all. He ends where the stakes are highest: with history, and a reason to keep hoping. Guests & Hosts: Prof. Dan Tokaji (Dean and Professor of Law, University of Wisconsin Law School); Tony Gaughan, Ned Foley, Steven Huefner, and Terri Enns (Election Law at the Ohio State University Moritz College of Law). Cases referenced: Mobile v. Bolden (1980), Thornburg v. Gingles (1986), Shelby County v. Holder (2013), Rucho v. Common Cause (2019), Brnovich v. DNC (2021), Allen v. Milligan (2023), Louisiana v. Callais (2026). Follow Law & Democracy so you never miss an episode, and a rating or review goes a long way toward helping new listeners find us. Questions or comments? Email [email protected]. Recorded Wednesday, June 17, 2026.