SCOTUS Profoundly Changed Elections—Mid-Vote! (w/ Kate Shaw)

In this episode of The Bulwark, host Sarah Longwell is joined by legal expert Kate Shaw to dissect the Supreme Court's recent ruling in Louisiana v. Calais, a landmark decision that significantly undermines the Voting Rights Act. The Court ruled that using race to create a second majority-Black congressional district in Louisiana violated the Constitution's principle of racial neutrality, effectively invalidating a key mechanism for ensuring minority voting power. Shaw explains how this decision is part of a broader, decade-long dismantling of the Voting Rights Act, beginning with Shelby County (2013) and continuing through Brnovich (2022), and now culminating in a radical interpretation of constitutional colorblindness. She critiques the conservative legal theory that government must never consider race—even to remedy past discrimination—arguing it contradicts the original intent of the 14th and 15th Amendments. Justice Elena Kagan’s fiery dissent emphasizes the historical significance of the Voting Rights Act and asserts that only Congress, not the Court, has the authority to deem it obsolete. The episode also touches on shifting political attitudes, noting that the Voting Rights Act was once a bipartisan priority, now a flashpoint in a deeply polarized era.