The New York Times claims that the “Supreme Court . . . has weakened the Voting Rights Act.” This is unequivocally false, as I have said.
Here are excerpts from two more recent articles, and my comments.
NYT — End Gerrymandering
For a century after Emancipation, millions of Black Southerners could not vote because of a racial caste system based on laws and violence. That violence was often horrific by design, including lynchings, beatings and strategic terror campaigns to crush any attempt at Black political participation. The Voting Rights Act of 1965 attempted to stop this exclusion, and it ensured that voters who had lived in areas with a history of voter suppression could elect representatives who would speak for them in Washington.
The Voting Rights Act of 1965 attempted to stop this exclusion, and it ensured that voters who had lived in areas with a history of voter suppression could elect representatives who would speak for them in Washington.
The current gerrymandering campaign undermines that principle. It disproportionately robs Black Americans of the ability to vote for their preferred candidates. Those candidates are not always Black, but they often are, much as white, Asian and Latino voters often support candidates who share their own background. Race, after all, still matters in American life, as is clear from the large Black-white gaps in income, wealth, educational attainment and life expectancy.
I left these comments:
Ending racial gerrymandering doesn’t “rob Black Americans of the ability to vote for their preferred candidates.” It removes racial discrimination from redistricting. The 1965 Voting Rights Act does not sanction or authorize racial gerrymandering. It was radically reinterpreted to that effect. The VRA was enacted to enforce the 15th Amendment, secure the individual right to vote, ban voter discrimination based on race, and dismantle barriers to voting such as literacy tests and poll taxes. It’s still one-man-one-vote, and everyone has the same ability to vote for their preferred candidate.
NYT says “Race, after all, still matters in American life, as is clear from the large Black-white gaps in income, wealth, educational attainment and life expectancy.”
But race shouldn’t matter, collective statistical “gaps” notwithstanding. Statistical disparities will always exist. Strict equality of outcome or circumstance will never exist where freedom reigns because it goes against the laws of nature, which is why our system guarantees equality of RIGHTS before the law. What matters is that every individual’s rights are secured, equally and at all times. The Left wants race to continue to matter, because their whole collectivist worldview depends on it. It sees all issues through a lens of race and tribes. It may have been understandable, though not justifiable, to racially rig districts 60 years ago. But is it still? When will race not matter in America? How about now?
From The Supreme Court Has Grown Too Powerful. This Is How to Rein It In, Kate Shaw writes
[T]his is a precarious moment for American democracy and for the mechanisms of democratic participation — and because it’s impossible to ignore the Supreme Court’s role in creating this instability. In this election cycle, state legislatures have aggressively redrawn congressional districts to maximize their partisan advantage and, in Southern states, to extinguish Black political power; the ultrarich are spending tens of millions of dollars helping to elect their preferred candidates; and the president has sought to radically change the rules for voting by mail, while openly promising voters payouts for helping his party retain control of Congress.
True, the court has rebuffed some of the most egregious efforts at election subversion this year. But it has laid the foundation for the electoral upheaval we are experiencing.
That’s one of the reasons fixing the Supreme Court must be a top priority — and why Democrats, if they take control of one or both houses of Congress in November, must place Supreme Court reform at or near the top of their list.
Beginning with John Marshall’s 1803 pronouncement in Marbury v. Madison that “it is emphatically the province and duty of the judicial department to say what the law is,” we have gradually come to view the Supreme Court as the final arbiter of the meaning of laws and the Constitution. When the court is functioning properly — when it plays a meaningful but limited role in our system — that’s a reasonable state of affairs, whatever the merits of any particular Supreme Court decision.
[L]ast term’s Louisiana v. Callais, functionally rendered the Voting Rights Act a dead letter
“Too powerful” means the Court is doing its job upholding the U.S. Constitution. Louisiana v. Callais is the decision that found racial gerrymandering unconstitutional.
My comment
Some criticisms are valid. But on balance I think the Supreme Court has done a pretty decent job of upholding the Constitution and protecting individual rights from bad law.
But I want to correct one glaringly wrong criticism.
The claim that Louisiana v. Callais “extinguish[ed] Black political power” and “functionally rendered the Voting Rights Act a dead letter” is flat out wrong. The Voting Rights Act secured the individual right to vote equally for everyone. The idea that it established some racial collective “right” to vote was an interpretation of the Act that diminished equality in voting rights. That interpretation made a mockery of the Voting Rights Act, because it switched the right to vote from the individual (where it morally, legally, and logically belongs) to the racial collective, effectively privileging voting majorities within the race-gerrymandered district. It amounts to “All voters are equal, but some voters are more equal than others”—more equal than all other voters, including voting minorities within the racially rigged district.
The Supreme Court didn’t extinguish black voting power, or anyone’s voting power. It reaffirmed equality in voting rights—one man, one vote—and overturned the horrendous miss-interpretation of the Voting Rights Act. Racial discrimination has no place in our electoral process, or anywhere else.
As to reforms, I agree with Marshall . We must be careful not to neuter that vital function of the judicial branch.
Related Reading:
New Jersey’s Racist John R. Lewis Voter Empowerment Act
Woke Redistricting Madness in NJ
Did SCOTUS Promote or Reject Racism in Alabama Redistricting Case?
Re: Supreme Court Updates: Justices Further Weaken Voting Rights Act, Igniting Political Scramble by The New York Times
