Jamelle Bouie | The Supreme Court Is Just Doing What the Supreme Court Does - The New York Times

Opinion | The Supreme Court Is Just Doing What the Supreme Court Does - The New York Times

By Jamelle Bouie

Under a traditionally liberal view of the Supreme Court, its decision on Monday to uphold, at least for this year, a Congressional map in Alabama that intentionally weakens the voting strength of Black people in the state is a betrayal of its duty to protect the rights of minorities, racial and otherwise.

Under a more historical view, it is the court doing what the court does.

First, a little background on Monday’s decision. Section 2 of the Voting Rights Act bars any voting law or procedure that “results in a denial or abridgment of the right of any citizen to vote on account of race,” as the Department of Justice puts it. This includes situations where lawmakers have “cracked” minority communities into multiple districts in order to dilute the strength of their voters. To remedy this, courts can require states to create “majority-minority” districts in which these voters can then elect the candidates of their choice. This is especially important in places where voting is so polarized by race that minority communities are rarely, if ever, able to shape the outcome of an election.

Last year, Alabama’s Republican-controlled Legislature drew and passed a Congressional map that packed a large number of Black voters into a single district encompassing the cities of Birmingham and Montgomery, while spreading the remaining voters throughout six majority white districts. By “packing” one group of Black voters and dispersing the rest, Alabama Republicans successfully reduced the voting strength of the entire Black community in the state, which accounts for 27 percent of its population.

Black Alabamians filed suit. In January, after seeing evidence and hearing arguments from both sides, a three-judge district court panel (with two Trump appointees) agreed that the state had violated the Voting Rights Act. It ordered the Legislature to draw a new map containing a second majority-minority district. Republicans appealed the decision to the Supreme Court, where five members voted to stay the order, reinstating the original map.