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Although eligible voters can still participate thanks to same-day registration, critics called the decision "outrageous."
Democracy defenders responded with alarm on Wednesday to a decision from the U.S. Supreme Court's right-wing majority allowing Virginia to resume its purge of state voter registration rolls while early voting is underway for next Tuesday's election.
Stand Up America managing director of policy and political affairs Brett Edkins framed the court's decision as a gift to former Republican President Donald Trump, who appointed half of the conservative justices and is facing Democratic Vice President Kamala Harris in the November 5 contest for the White House.
"This eleventh-hour move by the Roberts Court to allow Virginia to purge registered voters from the voter rolls is a troubling attempt by the Supreme Court's MAGA majority to come to Trump's aid just days before the election," Edkins said. "This last-minute purge will impact American citizens, including newly-eligible voters, and undermine our democracy and the freedom to vote."
"Americans deserve a nonpartisan Supreme Court that will stand up for our rights and protect the will of the people—the Roberts Court is not it," he continued. "We must turn out in record numbers to keep Trump out of the Oval Office and prevent him from appointing even more MAGA justices who put partisan interests over Americans' freedom to vote."
The high court's right-wing majority did not explain the reasoning behind Wednesday's decision, which came after a federal judge determined that Virginia illegally booted 1,600 people from the rolls and an appellate court agreed.
Liberal Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented, only saying they would deny the application from the administration of Republican Gov. Glenn Youngkin, who welcomed the high court's move.
Meanwhile, Slate senior writer Mark Joseph Stern explained that "the Supreme Court's decision is extremely worrisome because the National Voter Registration Act of 1993 *explicitly forbids* systematic purges of voter rolls shortly before an election. It now looks like the conservative supermajority will let states ignore that prohibition."
The Virginia program was purportedly intended to remove noncitizens—who already cannot legally vote—from the rolls.
CNNreported Wednesday that "Trump and other Republicans have seized on claims of illegal voting and that was part of the argument they made to explain the former president's loss in 2020. But documented cases of noncitizens voting are extremely rare. A recent Georgia audit of the 8.2 million people on its rolls found just 20 registered noncitizens—only nine of whom had voted."
In the case of Virginia, Stern noted, "we know this purge has targeted qualified citizens."
The Campaign Legal Center represented state groups that challenged the program. In a series of social media posts, Danielle Lang, the organization's senior director for voting rights, said that "many of the Virginia voters who have been kicked off the rolls are eligible citizens. These are eligible Virginians who deserve to have their voices heard."
"The Supreme Court allowing Virginia to engage in a last-minute purge that includes many known eligible citizens in the final days before an election is outrageous," Lang declared. "But the voters will decide this election, not the courts. Eligible Virginia voters should know that regardless of this purge they can register to vote on Election Day and cast their ballots."
"I am hopping mad. The Supreme Court issued an unreasoned order reinstating a purge in Virginia based on faulty evidence that was capturing known eligible U.S. voters," she added. "But folks need to channel their (correct) anger into action. These voters can vote by registering same-day in Virginia. And that's why reforms like same-day registration are so important."
The Brennan Center for Justice at New York University School of Law also criticized Wednesday's decision but emphasized that eligible Virginia voters can still participate in the upcoming election.
"By issuing a stay in the Virginia mass voter challenge case, the Supreme Court has injected confusion into the election. This stay will cause eligible Virginia citizens to be purged from voter rolls just before the election—all in service of a conspiracy theory," the Brennan Center said. "For any eligible voter in Virginia who may be impacted by the purge, please use same-day registration to cast a vote in this election. Or call (866)-OUR-VOTE if you need assistance."
This decision is just the latest in a long series of moves that have heightened concerns about the court's right-wing justices.
"In any election-related cases, we should question the impartiality of Clarence Thomas, whose wife tried to overturn the 2020 election, and Samuel Alito, who had two January 6-supporting flags flying at his homes," Revolving Door Project executive director Jeff Hauser said in a Wednesday statement, referring to the 2021 attack on the U.S. Capitol.
Hauser added that "this shadow docket decision is horrifying on the merits—but even more so if Thomas and Alito took part in it despite the fact that their impartiality can be reasonably questioned."
Take Back the Court Action Fund president Sarah Lipton-Lubet said that "when the right-wing court sees a law it doesn't like, it pretends it doesn't exist. And that's exactly what happened here: The partisan ideologues on Trump's Supreme Court pushed aside the clear language of the law to ensure fewer Americans can make their voices heard at the ballot box—all in service of supporting Donald Trump's bogus narrative about voter fraud. This is the Roberts Court's pattern: When in doubt, disenfranchise voters."
"Allowing this 303-mile disaster to move forward is a slap in the face to the communities who have fought tirelessly over the last decade to protect their land and water."
The Federal Energy Regulatory Commission on Tuesday gave the primary owner of the 303-mile Mountain Valley Pipeline a green light to begin operating the project after years of litigation and local opposition to the costly and destructive fracked gas infrastructure, a top priority of lawmakers bankrolled by the fossil fuel industry.
In a letter to the deputy general counsel of Equitrans, the director of FERC's Office of Energy Projects wrote that the federal agency has concluded that the Mountain Valley Pipeline (MVP) "has adequately stabilized the areas disturbed by construction and that restoration and stabilization of the construction work area is proceeding satisfactorily."
The letter came in response to the pipeline operators' request to allow gas to flow through the system, which runs from northwestern West Virginia to southern Virginia. An Equitrans spokesperson said Tuesday that the company is "pleased" with FERC's decision and that "final preparations are underway to begin commercial operations."
FERC's move drew immediate outrage from environmental groups that have been warning against the pipeline's approval for years, pointing to its projected emissions impact—the equivalent of dozens of new coal-fired power plants—and threat to water supplies and local communities.
"Since developers first proposed the ruinous Mountain Valley Pipeline, their disregard for community and environmental safety has been clear," said Jessica Sims, Virginia field coordinator of Appalachian Voices. "Community members and environmental watchdogs have pointed out the flaws in this project for years, and these fundamental problems with the pipeline remain. By allowing MVP to advance despite all these serious hazards, the system meant to protect our communities, land, and water has failed."
"When a fracked gas pipeline fails testing, literally explodes, fails to meet the safety standards its developers agreed to, what are communities on the ground left with?"
Sierra Club noted in a statement that "it has long been clear that the pipeline is unable to comply with basic environmental protections, with hundreds of water quality-related violations throughout the course of construction." Virginia's Department of Environmental Quality fined MVP's operators earlier this year for 29 separate violations along the pipeline's route through the state.
Last month, a segment of the pipeline in Virginia
ruptured during testing, amplifying opponents' concerns about future gas leaks.
"Allowing this 303-mile disaster to move forward is a slap in the face to the communities who have fought tirelessly over the last decade to protect their land and water," Patrick Grenter, Sierra Club's deputy chief energy officer, said Tuesday. "This pipeline has already marred private property and damaged countless water resources, and the gas it will transport will worsen the climate crisis. We will continue to fight back against the reckless expansion of dangerous, unnecessary fracked gas pipelines."
The decision by FERC—an agency increasingly beloved by Republican lawmakers and the fossil fuel industry—came a year after President Joe Biden signed into law a debt ceiling-related bill that included provisions requiring federal agencies to approve all permits necessary for the completion of the Mountain Valley Pipeline and preempting judicial review of the project.
The MVP-related provisions were inserted by retiring West Virginia Sen. Joe Manchin—who recently switched his party registration to Independent—and other allies of the oil and gas industry.
Dr. Crystal Cavalier-Keck, co-founder and director of 7 Directions of Service, said Tuesday that "this shameful and deadly decision by our establishment leaders and regulatory agencies to put MVP into service only reinforces what we've known all along: They do not care about our safety."
"When a fracked gas pipeline fails testing, literally explodes, fails to meet the safety standards its developers agreed to, what are communities on the ground left with?" Cavalier-Keck asked. "We will continue to demand safety and accountability, while ramping up our efforts to bring down such horrific corruption and instill ethical laws and policies, like the Rights of Nature, to prevent more loss of life and the climate crises from spiraling out of control."
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
Environmental defenders on Tuesday ripped the company behind the Mountain Valley Pipeline for asking the federal government—on Earth Day—for permission to start sending methane gas through the 303-mile conduit despite a worsening climate emergency caused largely by burning fossil fuels.
Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
"In a manner typical of its ongoing disrespect for the environment, Mountain Valley Pipeline marked Earth Day by asking FERC for authorization to place its dangerous, unnecessary pipeline into service in late May," said Jessica Sims, the Virginia field coordinator for Appalachian Voices.
"MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall," she continued.
"Requesting an in-service decision by May 23 leaves the company very little time to implement the safety measures required by its agreement with PHMSA," Sims added. "There is no rush, other than to satisfy MVP's capacity customers' contracts—a situation of the company's own making. We remain deeply concerned about the construction methods and the safety of communities along the route of MVP."
Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights (POWHR) Coalition—which called MVP's request "reckless and impossible"—said in a statement that "we are watching our worst nightmare unfold in real-time: The reckless MVP is barreling towards completion."
"During construction, MVP has contaminated our water sources, destroyed our streams, and split the earth beneath our homes. Now they want to run methane gas through their degraded pipes and shoddy work," Chisholm added. "The MVP is a glaring human rights violation that is indicative of the widespread failures of our government to act on the climate crisis in service of the fossil fuel industry."
POWHR and activists representing frontline communities affected by the pipeline are set to take part in a May 8 demonstration outside project financier Bank of America's headquarters in Charlotte, North Carolina.
Appalachian Voices noted that MVP's request comes days before pipeline developer Equitrans Midstream is set to release its 2024 first-quarter earnings information on April 30.
MVP is set to traverse much of Virginia and West Virginia, with the Southgate extension running into North Carolina. Outgoing U.S. Sen. Joe Manchin (D-W.Va.) and other pipeline proponents fought to include expedited construction of the project in the debt ceiling deal negotiated between President Joe Biden and congressional Republicans last year.
On Monday, climate and environmental defenders also petitioned the U.S. Court of Appeals for the D.C. Circuit, challenging FERC's approval of the MVP's planned Southgate extension, contending that the project is so different from original plans that the government's previous assent is now irrelevant.
"Federal, state, and local elected officials have spoken out against this unneeded proposal to ship more methane gas into North Carolina," said Sierra Club senior field organizer Caroline Hansley. "The time to build more dirty and dangerous pipelines is over. After MVP Southgate requested a time extension for a project that it no longer plans to construct, it should be sent back to the drawing board for this newly proposed project."
David Sligh, conservation director at Wild Virginia, said: "Approving the Southgate project is irresponsible. This project will pose the same kinds of threats of damage to the environment and the people along its path as we have seen caused by the Mountain Valley Pipeline during the last six years."
"FERC has again failed to protect the public interest, instead favoring a profit-making corporation," Sligh added.
Others renewed warnings about the dangers MVP poses to wildlife.
"The endangered bats, fish, mussels, and plants in this boondoggle's path of destruction deserve to be protected from killing and habitat destruction by a project that never received proper approvals in the first place," Center for Biological Diversity attorney Perrin de Jong said. "Our organization will continue fighting this terrible idea to the bitter end."