Democracy Is a Racial Entitlement Now

The recent spate of news stories about gerrymandering and voting rights in southern states might have led some readers to wonder if we’re witnessing a repeat of a bygone era. However, the reality is that what we’re seeing now is not a throwback to the past but rather a deliberate attempt to undermine the democratic process.

At its core, this issue revolves around the Supreme Court’s decision in Louisiana v. Callais, which effectively gutted the Voting Rights Act (VRA) by allowing states to redraw congressional maps without federal oversight. This move has given southern Republicans a green light to engage in racial gerrymandering on a massive scale, resulting in the elimination of Black-majority districts and a disproportionate reduction in minority representation.

The Court’s reasoning is disturbingly simplistic: it argues that because Black voters tend to vote for Democrats, their presence in a district does not necessarily imply intentional racial discrimination. This is a perversion of the Fifteenth Amendment, which ensures equal protection under the law regardless of race or politics. By allowing states to justify gerrymandering by pointing to the natural alignment of Black and Democratic voters, the Court has essentially given racists a free pass to discriminate as long as they keep their intentions hidden.

The Voting Rights Act was passed in 1965 to address the blatant racial gerrymandering and voter suppression tactics employed by southern states in the post-Reconstruction era. It worked remarkably well, leading to significant increases in minority representation and paving the way for Barack Obama’s historic presidency. However, since Obama’s election, conservatives have been chipping away at the VRA, arguing that its protections are no longer necessary because racism has been eradicated.

This assertion is laughable, given the Supreme Court’s own history of perpetuating racial entitlements under the guise of neutrality. Justice Antonin Scalia’s infamous remark in Shelby County v. Holder that the VRA was a “racial entitlement” exposed the true motives behind this effort to undermine voting rights.

In Alabama, we’re witnessing the culmination of this long game: southern Republicans are openly attempting to disempower Black voters and dilute their representation. The state’s new map reduces the number of majority-Black districts from two to one, despite a federal court ruling that the original plan was an intentional effort to dilute Black voting strength.

The Supreme Court’s decision in this case has far-reaching implications for democracy itself. By allowing states to apply their discriminatory maps despite ongoing primary elections, the Court is essentially condoning voter suppression and disenfranchisement. This sets a disturbing precedent for future cases and emboldens state legislatures to further erode voting rights.

As we watch these events unfold, it’s essential to remember that this is not just about partisan politics or ideological battles; it’s about the very fabric of our democracy. The Court’s actions are a clear indication that the rules of the game have changed, and those in power will stop at nothing to maintain their grip on it.

In the coming months and years, we can expect to see more cases like this one, as state legislatures continue to exploit the loopholes created by the Supreme Court. It’s crucial for citizens, advocacy groups, and lawmakers to remain vigilant and push back against these attempts to undermine voting rights. The fight for democracy is far from over, but it’s clear that we’re entering a new era of gerrymandering, where the rules are made up as we go along, and the Supreme Court is complicit in this quiet coup on our democratic process.