Congress Did Something!

The episode 'Congress Did Something!' from Advisory Opinions explores the Supreme Court's recent decision in Louisiana v. Calais, which significantly narrowed the scope of Section 2 of the Voting Rights Act. The hosts debate whether the Court’s interpretation—limiting race-conscious redistricting to only cases of explicit racial targeting—represents a constitutional principle or a politically motivated retreat from judicial involvement in voting rights. A central tension emerges: while the 15th Amendment explicitly empowers Congress to enforce voting rights through race-conscious measures, the Court now treats such measures as potential violations of equal protection under the 14th Amendment. The discussion deepens into the paradox of allowing race to be used in immigration stops based on 'reasonable suspicion' but not in drawing districts to ensure Black representation. The hosts grapple with the institutionalist argument that the Court is stepping back from politically charged cases to preserve its legitimacy, even if the practical effect is similar to striking down the Voting Rights Act. They conclude that the truth lies in a complex middle ground—racism remains a potent force in parts of the South, while identity-based politics have also created backlash and toxicity in other areas. The episode ends with a call for Congress to act, emphasizing that the Court’s inaction has left a critical democratic gap. Key takeaways include: 1) The Supreme Court’s decision in Calais effectively limits race-based redistricting to only cases of explicit racial targeting, not historical inequity; 2) There is a deep contradiction in allowing race to be used in immigration enforcement but not in voting rights; 3) Institutional concerns may have driven the Court’s decision, even if the outcome undermines voting rights; 4) The U.S. is not yet a post-racial society, especially in the South, where Black candidates have rarely won in majority-white districts; 5) Partisan gerrymandering remains a systemic problem, and Congress must act to fix it; 6) The debate over race in policy is not binary—both overreach and denial of racial injustice are dangerous extremes.