How the Supreme Court gutted Black voting power
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This episode of Code Switch examines the Supreme Court's latest blow to the Voting Rights Act of 1965, particularly through its ruling in Louisiana v. Calais, which dramatically raises the bar for proving racial discrimination in redistricting. The court, under Chief Justice John Roberts and a conservative majority, has reinterpreted Section 2 of the VRA to require proof of intentional racial discrimination—rather than showing discriminatory effects—making it far harder to challenge voting maps that dilute Black voting power. This decision threatens to erase dozens of majority-Black congressional districts, especially in the South, and could lead to the largest decline in Black representation in Congress since Reconstruction. The episode explores how the ruling fits into a broader pattern of judicial erosion of civil rights protections, including the court’s prior weakening of preclearance and its dismissal of partisan gerrymandering claims—despite the fact that Black voters are overwhelmingly Democratic. Legal experts and advocates warn that even if Congress passes a new, stronger Voting Rights Act, a conservative Supreme Court may still strike it down. The episode ends with a call to action: restoring the VRA may require not just political will but a fundamental shift in how Americans understand race and equity in democracy.
The Supreme Court now requires proof of intentional racial intent to challenge discriminatory voting maps—making it nearly impossible to enforce Section 2 of the Voting Rights Act.
Over 15 majority-Black congressional districts in the South are now at risk of being eliminated due to the new standard.
The ruling effectively allows partisan gerrymandering to override racial considerations, even when the outcome disproportionately harms Black voters.
Even if Congress passes a new Voting Rights Act, a conservative Supreme Court may still strike it down, making judicial reform a critical but uncertain path.
Voting rights advocates are now pushing for systemic change beyond the VRA, including rethinking how race is acknowledged in democratic processes.
The Legacy and Erosion of the Voting Rights Act
Gene Deby opens the episode by underscoring the historical significance of the 1965 Voting Rights Act and setting the stage for its current unraveling under the Supreme Court.
The Louisiana v. Calais Ruling and Its National Impact
“The Supreme Court has now reinterpreted these longstanding protections against racial discrimination and redistricting. And it's going to make it much, much harder to challenge voting maps with claims that they discriminate against voters of color.”
The Shift from Effects to Intent: A Legal and Political Landmine
“All the way up until really this ruling since 1982, the Supreme Court has respected and implemented what Congress had done. And Kagan said, you know, today's majority... overthrows Congress's decision to make Section 2 liability hinge on electoral practices' effects on how it actually works.”
Partisan Gerrymandering vs. Racial Discrimination: A Dangerous Distraction
“If they say that, they say, well, then that's not race discrimination. When they had the intent of getting rid of those Black voters who happen to be Democrats, the court says it's OK because it has elevated partisanship over race.”
The Future of the Voting Rights Act: A Legal and Political Dead End?
“If the Supreme Court rules that they cannot going forward, that could be the final nail in this coffin because that could ultimately make it that the Voting Rights Act... will be up to who is in the White House.”
“The way to stop discriminating on the basis of race is to stop discriminating on the basis of race.”
“The final boss is SCOTUS. Can you get past this final boss? That's the big question.”
“All the way up until really this ruling since 1982, the Supreme Court has respected and implemented what Congress had done. And Kagan said, you know, today's majority... overthrows Congress's decision to make Section 2 liability hinge on electoral practices' effects on how it actually works.”
Host
Guest
Voting Rights Act
other
Supreme Court
organization
Hansi Lo Wong
person
Section 2 of the Voting Rights Act
other
Gene Deby
person
Louisiana v. Calais
other
Chief Justice John Roberts
person
NPR
organization
Justice Samuel Alito
person
Justice Department
organization
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