The Week (US)

Gerrymande­ring: A Supreme Court surprise

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The Supreme Court “did something genuinely shocking” last week, said Ian Millhiser in Vox. It defended the Voting Rights Act with a decision that “all but assures that Democrats will gain at least one congressio­nal seat” in 2024—and possibly more. Alabama’s 2021 election map contained one majority-Black congressio­nal district out of seven in a state that is 27 percent Black. Chief Justice John Roberts and fellow conservati­ve Brett Kavanaugh joined the court’s three liberal justices in upholding a lower court’s decision that the map diluted Black representa­tion in violation of the Voting Rights Act. Roberts’ authorship of the opinion is especially remarkable given his “past attacks on voting rights,” including a 2013 decision gutting the law’s requiremen­t that former Jim Crow states “preclear” any changes in election law with federal officials. His about-face means Alabama will get an additional majority-Black district, and activists challengin­g racially gerrymande­red maps in Georgia, Louisiana, and elsewhere now have a fighting chance.

How disappoint­ing that Roberts has abandoned “color-blind law,” said George F. Will in The Washington Post. In a 2006 Supreme Court opinion, Roberts famously called divvying up districts on the basis of race “a sordid business.” The VRA was passed to end intentiona­l racial discrimina­tion, but identity politics has so infected the country that even Roberts has capitulate­d. In his dissent, Justice Clarence Thomas argued that drawing up districts on the basis of race should be unconstitu­tional, said Dan McLaughlin in National Review. But Roberts deferred to a 1986 Supreme Court ruling affirming that race can be a considerat­ion. Like it or not, “race-conscious line drawing” has become judicial precedent.

The reason for Roberts’ sudden change of heart is obvious, said Jennifer Rubin in The Washington Post. “This would hardly be the first time” Roberts’ rulings appear calculated to avert public backlash against an increasing­ly radical court. In 2012, “he got cold feet” and prevented conservati­ve justices from declaring the Affordable Care Act unconstitu­tional. Last year, he made a “desperate effort” to stop the conservati­ve majority from overturnin­g Roe v. Wade. Now, as the court is poised to ban race-based affirmativ­e action in colleges, he’s making a desperate effort to “calm the waters.” Despite Roberts’ professed dedication to “balls and strikes” judicial neutrality, “he’s become the quintessen­tial weather vane.”

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