The Supreme Court Gutted the Voting Rights Act; Congress Must Act to Restore Democracy
The Supreme Court’s decision to destroy what remained of the Voting Rights Act in Louisiana v. Callais will take every element of our already broken political system and make it worse. It was not a surprise. But it shocked nonetheless.
What should we do? Boil with fury at the ruling. Scoff at the justices who claim only to call “balls and strikes,” in a game they’ve fixed. But don’t stop there. Yell, loudly, for action by the one part of our government that can do something: Congress.
The Supreme Court’s ruling leaves the Voting Rights Act “all but a dead letter,” as Justice Elena Kagan put it. Callais is a grave blow to racial equality, especially in the South. Scholar Rick Hasen warned, “This decision will bleach the halls of Congress, state legislatures, and local bodies like city councils.” We may see the fastest rollback in representation since the end of Reconstruction after the Civil War. Even if it’s not as bad as that, it will be bad enough.
Arid legal abstractions can have harsh real-world consequences. After the 2013 Shelby County v. Holder ruling, which gutted the most important part of the Voting Rights Act, the gap between white and nonwhite voters’ turnout grew twice as fast in states that were once covered by the strong protections of the law, according to the Brennan Center’s research. Callais will only worsen this disparity, especially since the justices have agreed to rush the implementation of their decision so its effects will be felt as soon as possible.
In recent years, a paralyzed and polarized Congress has failed to do its job. This torpor created the opening for an imperial judiciary and an abusive executive.
To perfume its actions, the ruling glorifies, of all things, partisan gerrymandering. And this in the middle of a nationwide redistricting frenzy. Justice Samuel Alito explained that states can deflect even proof of a racially discriminatory map by simply claiming that the manipulative district lines aim to entrench a political party. We aren’t discriminating against Black people, you see. Just against Democrats. Case closed.
After this overt assault on our democracy, Congress has a duty to act.
First, it should ban partisan gerrymandering—immediately. Such a rule would apply to red states and blue states alike. A bill to do this has been introduced by Sens. Alex Padilla (D-Calif.), Raphael Warnock (D-Ga.), Angus King (I-Maine), and Adam Schiff (D-Calif.), building off language from the Freedom to Vote Act. Rep. Zoe Lofgren (D-Calif.) put forward the measure in the House.
Such a move is constitutional. None other than Chief Justice John Roberts wrote in 2019’s Rucho v. Common Cause ruling, “[The] Framers gave Congress the power to do something about........
