National: Bang, Bang, Bang: Callais Kills Off the Voting Rights Act | Pamela S. Karlan/Just Security
The authors of the Reconstruction Amendments did not trust the Supreme Court to ensure that Black Americans would be able to participate fully in the political life of the nation. That is why the amendments expressly gave Congress the power to enforce their provisions through additional legislation. It took nearly a century, but as part of the Second Reconstruction, Congress fulfilled that responsibility. It enacted a Voting Rights Act that goes beyond merely restating the constitutional prohibitions contained in the first sections of the Fourteenth and Fifteenth Amendments. The single most important contribution the Court ever made to minority citizens’ voting rights was to uphold and apply those congressionally expanded prohibitions. The current Supreme Court thinks differently. Section 2, as amended by Congress in 1982, was designed, and had been read for decades, to bar not only intentional discrimination but also practices and procedures that resulted in minority voters having less opportunity to elect representatives of their choice. (That “results” language, after all, is what the text explicitly provided.) In Louisiana v. Callais, the Court returned amended section 2 of the Voting Rights Act to a mere restatement of the constitutional prohibition on purposeful vote dilution. We are only just beginning to see how Justice Samuel Alito’s disingenuous opinion for the Court threatens to dismantle a fundamental pillar of the Second Reconstruction. Read Articlea>
