Voting rights at risk after Supreme Court makes it harder to challenge racial gerrymandering

  Two recent Supreme Court rulings on congressional redistricting will have starkly different consequences for Black voters in the 2024 election.

  One ruling boosted Black voting power in Louisiana, while another decision upheld a South Carolina congressional map that the lower court had declared “illegal racial gerrymandering.”

  Despite these seemingly contradictory outcomes, there is a through line.

Voting in unconstitutional districts: US Supreme Court upended decades of precedent in 2022 by allowing voters to vote with gerrymandered maps instead of fixing the congressional districts first

  For the 2022 midterm elections, the U.S. Supreme Court allowed Alabama to use congressional districts that violated the law and diluted the voting power of Black citizens.

  A 5-4 vote by the Supreme Court in February 2022 let Alabama use these illegal districts during the election while the court heard the state’s appeal on the case known as Allen v. Milligan. In that case, voters had sued Alabama, arguing that its new congressional district map violated the Voting Rights Act by unfairly reducing Black voting power. Only one of seven congressional districts on Alabama’s new map had a majority Black population despite Black residents making up a quarter of the state’s population.

Anti-democratic moves by state lawmakers raise fears for 2024 election

  In Wisconsin, Republican lawmakers are threatening to impeach both the state’s election administrator, who is highly regarded nationally, and a state Supreme Court justice despite a ruling by the state’s judicial commission that the justice had done nothing wrong — effectively nullifying a recent statewide election she won, Democrats say.

  In North Carolina, a bill that would give the legislature control of state and local election boards — potentially allowing lawmakers to overturn results — could soon become law.

  And Alabama continues to defy the U.S. Supreme Court by refusing to draw a new congressional district with a Black majority.

Votes cast in November will shape Congress through 2030

  When voters cast their ballots in November, they won’t just decide who will be president in 2021 – they will also have a voice in determining the partisan makeup of Congress until 2030. Following each census, which happens every 10 years, states are required to adjust their congressional district boundaries to keep district populations equal.

  District boundaries can profoundly shape election results – most notably when they are drawn in ways that benefit one political party or the other.

I asked people why they don’t vote, and this is what they told me

  At least 40% to 90% of American voters stay home during elections, evidence that low voter turnout for both national and local elections is a serious problem throughout the United States.

  With the 2020 presidential election approaching, directives for people to “get out and vote” will be firing up again.

  Some people might be indifferent or simply not care, but many who forgo voting have legitimate reasons.

The impact of partisan gerrymandering

  Once a decade, every state redraws its electoral districts, determining which people will be represented by each politician. In many states, this means that politicians gather behind computer screens to figure out how they can manipulate the lines to box out their competition and maximize the power of their political party. While an increasing number of states employ independent commissions to draw district lines, the large majority still lack safeguards to prevent partisan favoritism in the redistricting process—also known as partisan gerrymandering.

Supreme Court Preview: A Momentous Term

  As rumors of major changes circulate around the Supreme Court, the stakes have never been higher. The court has only set approximately half of its cases for the term, and the schedule already includes five blockbusters. These cases span issues from political representation and discrimination to the right to trial and the ability to form strong unions; several stand to affect the fundamental rights of millions of Americans.

Redistricting and representation in the 2016 elections and beyond

  Even before a single vote was cast in 2016, decisions made years ago were working to shape the results of November’s election. Usually, the government that is elected when Americans go to the polls reflects the majority of the votes cast. But district lines can be manipulated—a tactic known as gerrymandering—and election districts carved up in ways that block voters from having their voices heard and receiving fair representation.

  Every 10 years, states redraw their voting maps so that their election districts accommodate population changes after the census. In 2010, Republican-led state legislatures undertook a massive effort to redraw their state’s districts for electing members of Congress and state legislatures at the expense of minority and Democratic voters. A memo from the Republican State Leadership Committee explained:

Steve Flowers: Inside the Statehouse: The redistricting chickens are coming home to roost

  There is an ominous cloud hanging over this legislative session. Last year the U.S. Supreme Court surprisingly agreed to hear a Hail Mary complaint filed by the black legislative caucus over the 2014 redistricting plan. In an even more surprising opinion, the Supreme Court ruled in favor of the complainants and remanded the case back to the 11th Circuit Court of Appeals, instructing the lower court to tell the legislature to try again.

  The super majority Republican legislature fully complied with the Voting Rights Act and the Justice Department guidelines when they crafted the new districts prior to the 2014 legislative elections. Specifically, they protected African American districts. The plan not only reserved the current number of minority districts, which by the way has the best reflection of African American districts of any state in America, they actually created a new additional minority House seat in Huntsville.