By Joe Cunningham
If you only read the headlines after the Supreme Court’s re-argument in Louisiana v. Callais, you’d think conservatives on the Court were sharpening their knives to “gut” the Voting Rights Act. The reality inside the courtroom was more nuanced—and, for those who actually care about constitutional limits, more encouraging.
The justices weren’t preparing to demolish Section 2. They were trying to rescue it from the legal contradictions that have plagued redistricting for forty years.
Section 2’s Growing Tension With the Constitution
Section 2 of the Voting Rights Act prohibits any map or election law that “results” in minority voters having less opportunity than others to elect their candidates of choice. In 1986, the Court’s decision in Thornburg v. Gingles established a three-part test: a large and compact minority population, political cohesion, and majority bloc voting…
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