Radio Atlantic – "If the Voting Rights Act Falls"

Date: October 16, 2025
Host: Hanna Rosen (The Atlantic)
Guests: Van Newkirk (The Atlantic Staff Writer), Stacey Abrams (Voting Rights Activist)

Episode Overview

This episode dissects the precarious status of the Voting Rights Act (VRA) amid a major Supreme Court case, Louisiana v. Calais, which could dismantle Section 2—the final protective pillar of the Act. Through expert insights and personal narratives, the show unpacks what is at stake for democracy, particularly for voters of color, and reflects on the arc of civil rights protections from 1965 to 2025.

Key Discussion Points & Insights

1. The Purpose and Impact of the Voting Rights Act

[00:42–05:14]

• The VRA was a response to Jim Crow-era disenfranchisement—poll taxes, literacy tests, violence, and administrative barriers targeting Black voters.

• Aimed to eliminate race-based voter suppression by actively intervening in state and county election policies, including federal oversight known as "preclearance."

• Marked progress: The number of nonwhite House representatives has increased tenfold; milestones like the election of Barack Obama are direct results.

  Notable Quote:
  "You had states that had majority Black populations... and had for decades zero Black registered voters. So essentially, you had a both one race rule and a one party rule throughout the South for about 100 years. And the Voting Rights act was designed to counter that."
  —Van Newkirk [03:27]

2. The Machinery and Evolution of the VRA

[07:18–08:28]

• The act created layers of federal machinery: DOJ election monitors, provisions for language minorities, and rules for handling elections on reservations.

• Its evolution through numerous congressional amendments strengthened protections, addressing not just intent but effects of discriminatory policies.

  Notable Quote:
  "The VRA is machinery. It creates the necessity for a bunch of different pieces... it really does create, in a very decentralized system, a lot of the things we take for granted now."
  —Van Newkirk [07:29]

3. Shelby County v. Holder – The 2013 Turning Point

[08:35–11:02]

• The Supreme Court struck down Section 5 (“preclearance”), arguing that America had moved past the need for strict federal oversight.

• Result: Discriminatory laws can now be enacted unless and until successfully challenged in court—often after damage is done.

  Notable Quote:
  "The phrase most people like to use about what Shelby county versus Holder did to the VRA is that it defanged... it got rid of the first line of defense."
  —Van Newkirk [10:03]

4. Current Supreme Court Threat: Section 2 in Jeopardy

[11:02–16:56]

• Case at Issue: Louisiana v. Calais—whether remedial use of race in redistricting is constitutional, or itself discriminatory.

• Key justices (Roberts, Barrett, Kavanaugh) are the “swing votes.” Kavanaugh and others signal that race-based remedies may need a “sunset,” suggesting Section 2’s time is up.

• The court’s willingness to reevaluate precedent threatens to “defang” the VRA entirely.

  Notable Quotes:
  "Section two has been a dead man walking for years, and I think this is probably gonna be it."
  —Van Newkirk [15:49]

  "Democracy is not as old as you believe it to be. My great-grandmother... was a grandmother before she was able to vote. So this is that recent."
  —Van Newkirk [18:05]

5. Stacey Abrams: Consequences if the VRA Falls

[20:25–32:21]

• Immediate Impact: "Racially discriminatory maps could happen everywhere." If Section 2 is struck down, states would have a green light to dilute minority voting power with almost no legal recourse.

• Political Impact: Up to 30% of the Congressional Black Caucus and 11% of the Hispanic Caucus could lose their seats. Congress could tip towards "one party rule," especially in the South, where 56% of Black Americans live.

• Systemic Consequences: Without Section 2, every level of elected office—school boards, city councils, state legislatures—could be reshaped via discriminatory maps.

  Notable Quotes:
  "What Texas did with their maps was intentionally target Black and brown voters... their ability to in the future elect representatives that reflect their values would be almost impossible."
  —Stacey Abrams [20:35]

  "It would transform Congress into a one party rule... millions of Americans are blocked from full representation simply because of who they are and where they live."
  —Stacey Abrams [24:40]

  "Our silence is treated as consent. Our silence is treated as permission... We will feel the consequences 10, 20, 30 years on."
  —Stacey Abrams [29:01]

• Remedies if the VRA is Gone: Southern states often block ballot initiatives and lack mechanisms for nonpartisan reform. The federal government has been the only meaningful backstop—without it, local and state-level discrimination can become entrenched.

6. Vision for a Post-VRA Future

• When would we no longer need the VRA? Only if universal and enforceable voting rights protections existed nationwide—something America has not achieved.
• Abrams’ Assessment: The 1965 Act was “a good start, and then we stalled.” The current moment is the consequence of “constant and intentional erosion.”

Memorable Moments & Quotes (with Timestamps)

• Martin Luther King Jr.:
  "This right to vote is the basic right without which all others are meaningless." [00:23]

• Stacey Abrams:
  "If you know that racial discrimination has existed in maps, can you use race to fix that?" [02:21, 22:28]

  "We will not have free and fair elections in this country going forward if they are permitted to strike down the Voting Rights Act." [02:42, 25:59]

  "We have 50 different democracies operating in the continental United States... If we had universal rules... then, yes, we would not need a Voting Rights Act. But we've never done the work to make that possible." [31:12]

• Van Newkirk:
  "The VRA cannot function... it's kind of like a car... if you start dismantling that car, it's not gonna work at 60%. When you take out 40% of the parts, it's gonna stop working." [14:35]

  "Every single case that comes now towards the court is a chance for the court to come back and rule the rest of the VRA null and void." [10:41]

Important Segments (with Timestamps)

• [00:42–06:06] Origins and Purpose of the VRA (Van Newkirk)
• [08:35–11:02] 2013 Shelby Decision – The End of Preclearance
• [11:28–16:56] Louisiana v. Calais—What’s at Stake This Term
• [20:25–32:21] Stacey Abrams’ Perspective: Life Without the VRA

Conclusion

This episode lays bare the extraordinary stakes facing American democracy as the Supreme Court weighs whether to strike down the last operational pillar of the Voting Rights Act. Through historical perspective, legal analysis, and personal testimony, the program details a slide toward diminished representation and rising barriers for voters of color should Section 2 fall. Both guests warn that without federal protections, disenfranchisement could rapidly accelerate, undoing decades of hard-fought progress—and that silence now may be interpreted as acquiescence.

For listeners:
If you want to understand how historic laws, court decisions, and current political maneuvering converge to shape the fundamental realities of American democracy—especially for marginalized communities—this episode is essential listening.