Partisan Hacks

The 6 conservative Supreme Court Justices just destroyed the Voting Rights Act by assuming facts not in evidence (that there is no racism now) and ignoring specific Congressional intent.

In 1982, when Congress passed a series of amendments strengthening the Voting Rights Act of 1965, lawmakers wanted to make one thing very clear: that minority voters seeking to prove violations of the Voting Rights Act do not have to prove that lawmakers intentionally discriminated against them based on race. Instead, under a provision of the law known as Section 2, Congress said, it is enough for voters to show that a given policy—a redistricting plan, for example—has the effect of making it more difficult for them to actually participate in democracy. 

At the time, Congress had good reason to be specific. Two years earlier, the Supreme Court in City of Mobile v. Bolden had held that a facially neutral electoral map did not violate the Voting Rights Act, even though it had the practical effect of reducing Black voting strength. In the 1982 amendments, Congress explicitly overruled Bolden; in its final report on the bill, the Senate Judiciary Committee affirmed that requiring challengers to prove discriminatory intent would impose an “inordinately difficult burden,” and would make it too easy for racist lawmakers to disguise their true motivations by leaving a “false trail” of non-discriminatory justifications.

In Louisiana v. Callais, which the Supreme Court decided on Wednesday, the six conservative justices took it upon themselves to reimpose the “inordinately difficult burden” Congress lifted five decades ago. In his opinion for the majority, Justice Samuel Alito strains to present Callais as faithful to the law passed by Congress: His opinion, he says, merely “updates” the tests that courts use to evaluate Section 2 claims, and “realigns” that framework with the text of the Voting Rights Act. 

In reality, what Alito and the majority have done is make it functionally impossible for voters to prove that a given map is an illegal racial gerrymander, no matter how discriminatory the map’s real-world impact. Their opinion in Callais preserves only a husk of Section 2 of the Voting Rights Act, leaving intact the ability of minority voters to cast ballots while simultaneously guaranteeing lawmakers’ power to ensure that those ballots are meaningless. Going forward, the same racist lawmakers whom Congress sought to bind in 1982 will be freer than ever to draw lines that gerrymander their Black and brown constituents out of electoral existence.

These corrupt rat-f%$#s need to be tarred and feathered.