A surprising and faulty U.S. Supreme Court decision may force Louisiana to redraw its congressional map for 2024 – or might put the state in a position to act as a springboard for an entirely new challenge to making race the predominant factor in drawing electoral boundaries.
That predominance was strengthened by today’s decision in Allen v. Milligan, which concerned Alabama’s districts. Although six justices – those nominated by a Republican president – agreed that Section 2 of the Voting Rights Act did not compel states to give race a privileged place in drawing lines, which Alabama argued in that the only real difference between its adopted plan that created only one majority-minority district out of seven whereas the population proportion would suggest two, Chief Justice John Roberts and Assoc. Justice Brett Kavanaugh essentially said because enough states had treated it as such over the years that it had earned that privilege.
In other words, apply a bad interpretation of the law long enough and it becomes sanitized. Specifically in this case, as long as district drawing doesn’t devolve into ridiculous shapes and running riot over other generally-accepted principles of reapportionment, race can have a privileged status over all others. Dissenting justices noted the perversity of an interpretation that grants precedent such power over intent and logic.