“From a realistic perspective, it’s unlikely that the 11th Circuit or the Supreme Court would agree with the district court that there was racially discriminatory intent in Florida,” said Nicholas Stephanopoulos, a Harvard Law School professor and an expert on election law. “We’ve seen other district courts do aggressive things in election law cases, and we’ve seen a lot of those decisions get reversed by appellate courts or the Supreme Court. I wouldn’t be shocked if this litigation falls into that pattern.”
Florida Republicans blasted the decision by Judge Walker, who was appointed by President Barack Obama in 2012.
Understand the Battle Over U.S. Voting Rights
Card 1 of 5Why are voting rights an issue now? In 2020, as a result of the pandemic, millions embraced voting early in person or by mail, especially among Democrats. Spurred on by Donald Trump’s false claims about mail ballots in hopes of overturning the election, the G.O.P. has pursued a host of new voting restrictions.
What are Republicans trying to do? Broadly, the party is taking a two-pronged approach: imposing additional restrictions on voting (especially mail voting) and giving G.O.P.-controlled state legislatures greater control over the mechanics of casting and counting ballots.
Why are these legislative efforts important? The Republican push to tighten voting rules has fueled doubts about the integrity of the democratic process in the U.S. Many of the restrictions are likely to affect voters of color disproportionately.
How have the Democrats pushed back? Nineteen states passed 34 laws restricting voting in 2021. Some of the most significant legislation was enacted in battleground states like Texas, Georgia and Florida. Republican lawmakers are planning a new wave of election laws in 2022.
Will these new laws swing elections? Maybe. Maybe not. Some laws will make voting more difficult for certain groups, cause confusion or create longer wait times at polling places. But the new restrictions could backfire on Republicans, especially in rural areas that once preferred to vote by mail.
Asked about the ruling at an appearance in West Palm Beach, Governor DeSantis dismissed it as “performative partisanship” and predicted a reversal on appeal.
“There’s an old saying in law,” he said. “If you have the facts on your side, argue the facts. If you have the law on your side, argue the law. If you have neither, you pound the table.” He added: “Well, this is the judicial equivalent of pounding the table.”
The governor said those in his administration would “set our clocks to getting a partisan outcome in that court.”
“I would not want to be on the receiving end of that appeal if I were a judge,” he said. “It’s not going to be able to withstand appellate scrutiny.”
Wilton Simpson, the president of the Florida State Senate, said in a statement that the ruling was “highly unprofessional, inaccurate, and unbecoming of an officer of the court.”