ATLANTA — A federal judge has cleared the way for several key provisions of Georgia's contested voting law that followed the 2020 election to remain in place at least for next year's presidential vote.
The U.S. Department of Justice, along with several major advocacy groups including the ACLU and Southern Poverty Law Center, filed suit against the legislation - S.B. 202 - shortly after it was passed in 2021.
The law became a flashpoint following the contentious 2020 election, spawning the move of Major League Baseball's All-Star game among other backlash.
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The lawsuit charged that S.B. 202 intentionally discriminated against Black voters - with Democrats calling it "Jim Crow 2.0" - and challenged five central elements of the law: new restrictions on the use of drop boxes, a ban on giving voters in line food and drink, a shorter time period for absentee ballot voting, restrictions on out-of-precinct voting and identification requirements for voting.
Two years after its passing, a full trial on the lawsuit has still not yet been held, but in an order Wednesday federal Judge J.P. Boulee denied a motion for a preliminary injunction that would have suspended the provisions for next year's presidential election.
Judge Boulee determined the DOJ and advocacy groups "failed to meet their burden to show that the law was passed with a discriminatory intent" and "failed to show a substantial likelihood of success on the merits as to their claims that the provisions intentionally discriminate against Black voters in violation of the Fourteenth Amendment, Fifteenth Amendment and Section 2 of the (Voting Rights Act)."
In August, Judge Boulee did strike down a portion of the food and drink ban - though that ruling was tied to the judge's determination that it violated the First Amendment. In his ruling Wednesday the judge was skeptical that the provision is discriminatory, writing the "Court is not convinced that voters would leave the line if not provided food, drinks and other gifts."
Georgia Republicans who had said the law would ensure election integrity following the acrimony around the 2020 election - particularly from conservative supporters of former President Trump angry over his narrow loss in Georgia - claimed vindication after the ruling.
"Again and again, courts have proven what we’ve said all along: SB 202 makes it easy to vote and hard to cheat in Georgia! The continued politicization of the DOJ by this administration is dead wrong and we won’t stop fighting their repeated attempts to undermine the rule of law," Gov. Brian Kemp wrote on X.
Georgia Sec. of State Brad Raffensperger similarly said in a release that "the Court confirmed what we’ve been saying all along... SB 202 strengthens election integrity while increasing the opportunity for Georgia voters to cast a ballot."
The groups opposing the law said the ruling will "make it harder for Black voters to cast a ballot for the 2024 election."
“We are disappointed that the challenged provisions of SB 202 will remain in effect during the 2024 election cycle. But our legal challenge is far from over,” Rahul Garabadu, an ACLU of Georgia attorney, said in a statement. “The fight for voting rights in the South has never been easy, especially for Black voters. We will never stop advocating on behalf of our clients and voters across the state. We look forward to presenting our case at trial.”
SPLC attorney Poy Winichakul added that the ruling "forces Black Georgians to endure unnecessary restrictions to voting."
“Time after time, Black voters in Georgia have proven that they will not let barriers deter them from exercising their right to vote – and we will continue working to lift barriers so that all voters have access to the ballot and can make their voice heard," Winichakul said.