Ramblin' with Roger

The SCOTUS ruling in Louisiana v. Callais gutted the Voting Rights Act. From SCOTUSblog: “By a vote of 6-3, the justices left in place a ruling by a federal court that barred the state from using the map, which had created a second majority-Black district, in future elections. Although [the] ruling did not strike down a key provision of the federal Voting Rights Act, as Louisiana and the challengers had asked the court to do, Justice Elena Kagan suggested in her dissent… that the majority opinion by Justice Samuel Alito had rendered the provision ‘all but a dead letter.'”

I am purloining from the newsletter of my Congressman, Paul Tonko:

“For more than a decade, the Court’s right-wing justices have steadily chipped away at the protections enshrined in the Voting Rights Act (VRA). Ever since the Supreme Court’s 2013 decision in Shelby County v. Holder struck down provisions requiring some state and local governments to obtain federal approval before making changes to their voting laws, Republicans across the nation have initiated a ‘race to the bottom’ to determine just how far the Court would allow them to go in suppressing the vote — particularly in communities of color. This week’s ruling in Louisiana v. Callais provided an answer, giving states free rein to enact gerrymanders that effectively disenfranchise vast swaths of their populations.”

Have we overcome?

“Justice Samuel Alito’s majority opinion — which invalidated a Louisiana congressional map that created a second majority-Black district in order to provide better representation for that state’s large Black community — relied on the perverse logic that actions to protect the rights of communities of color are themselves a form of unconstitutional racial discrimination. Ignoring the reality that the Voting Rights Act was the only thing standing in the way of Republican efforts to silence the voices of marginalized communities, the Court’s majority effectively declared racism a thing of the past and the VRA’s protections no longer necessary. This deeply misguided decision calls to mind Justice Ruth Bader Ginsburg’s dissenting opinion in Shelby County v. Holder, where she argued that eliminating civil rights protections because they have been successful in their goals is like throwing away your umbrella in a rainstorm because you are not getting wet.”

Prior to Shelby, which I felt was in response to the election of Barack Obama as President and created a “We HAVE overcome!” false narrative, SCOTUS had generally ruled for the common good in my lifetime.

Shadow docket

But it is the use of the “shadow docket” that shows how SCOTUS has been putting its thumb on the scale. Voting rights attorney Marc Elias notes: “My law firm had sued Alabama over its illegal map in November 2021. Within a few months, we had secured a victory for our clients and the Black voters of Alabama. Unsurprisingly, Alabama went to the Supreme Court to block our victory in the 2022 election. 

“On Feb. 7, 2022, the Court put our victory on hold. According to Justices Kavanaugh and Alito, the emergency stay was necessary because of the ‘chaos’ a new map would create for the upcoming primary elections. Those elections were still four and a half months away.”

A similar scenario took place in Louisiana. So when SCOTUS ruled in Callais, “In Louisiana, where mail-in voting has begun, Gov. Jeff Landry declared a state of emergency to suspend those elections.” Around 42,000 people had already cast mail ballots by the time Louisiana halted congressional primaries to gerrymander.  “In Alabama, Gov. Kay Ivey has called a special session of the legislature to change its maps. Voting there begins in little more than two weeks.” Chaos indeed. 

The  Weekly Sift guy wrote What to do about a lawless Supreme Court? which gives a historical perspective of the Voting Rights Act and the subsequent attacks on it.

The undoing

Tonko: “In her own dissenting opinion in Louisiana v. Callais, Justice Elena Kagan aptly described the Voting Rights Act as ‘one of the most consequential, efficacious, and amply justified exercises of federal legislative power in our Nation’s history.’ But now, after decades of Republican diatribes against judges who ‘legislate from the bench,’ six right-wing justices have unilaterally rendered that landmark legislation ‘all but a dead letter.’

“This decision is a profound setback for our multiracial democracy. The Court’s actions have undermined one of the last remaining tools protecting voters from racial discrimination in voting and redistricting, undoing hard-won victories that brought real representation to communities of color for the first time in American history. “

Democracy Docket notes that the regime “confirmed it will target Black and Latino-majority voting districts across the country — using the Supreme Court’s recent decision gutting the Voting Rights Act as a legal weapon.

“Assistant Attorney General for Civil Rights Harmeet Dhillon made clear the Justice Department plans to go after ‘majority-minority’ districts — where Black and Latino voters are a majority of the population and have historically been able to elect candidates of their choice.”

NPR: Supreme Court paves the way for the largest-ever drop in Black representation in Congress.

The Hill: Supreme Court roils 2026 midterms with Voting Rights Act ruling.

The response

Tonko: “In the months and years ahead, we must keep fighting to enact stronger voter protections through legislation like the John R. Lewis Voting Rights Advancement Act. We must continue pushing back against racial discrimination in the lower courts. We must aggressively pursue fair district maps that guarantee proper representation for communities of color, and we must seek reforms to rein in the unchecked power of this right-wing Supreme Court. Above all, we must continue to mobilize and exercise our fundamental right to vote — because if your vote didn’t matter, they wouldn’t be trying so hard to take it away.” 

One example of the bs: Florida’s redistricting mess isn’t just shady—it’s straight-up unconstitutional, and they did it anyway. Rick Wilson breaks down how Florida’s leaders ignored their own state constitution, carved up districts to rig the game, and dared the courts to catch up. In response, Florida Man is being sued.

Unfortunately, much of the remedy is caked in partisan rancor.  “Democrats vow to fight back, ” and so forth. As an old poli sci major, I hate almost ALL of these mid-decade redistricting plans. Strategically, I get it, but it makes me sad.

What I DO recommend: Update your voter registration and mark your calendar to ensure your vote is cast in every municipal, state, and federal election.