The Atlantic

Courts Are Taking Away One of Americans’ Best Options for Fixing Voting

The Supreme Court told citizens to improve the country’s democracy by passing ballot initiatives. They tried.
Source: Sarah L. Voisin / The Washington Post / Getty

In 2019, writing the decision for Common Cause v. Rucho, Chief Justice John Roberts closed off the federal courts as an avenue for addressing partisan gerrymandering. But, Roberts insisted, the Supreme Court’s decision did not condone these excesses. Rather, another path for addressing structural electoral reform existed. Noting the success of several citizen-driven state-constitutional amendments passed by ballot in Colorado, Michigan, and Missouri the previous November, Roberts said that citizens still had the tools to make change.

Just over a year later, however, that hasn’t proved to be the case.

Voters in Arkansas, North Dakota, and Idaho took Roberts up on his suggestion to drive reform via citizen-led initiative or by amending their state constitution. In Arkansas, with two different amendments,

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