The Supreme Court handed down its decision in Allen v. Milligan on Thursday. Chief Justice John Roberts’s opinion found that Alabama’s latest congressional redistricting plan likely violated Section 2 of the 1965 Voting Rights Act. It did so because the map created only one majority black district…
opinion found that Alabama’s latest congressional redistricting plan likely violated Section 2 of the 1965 Voting Rights Act. It did so because the map created only one majority black district when two were reasonably possible, thereby “diluting” black political power.
In reaching its decision, the court continued a line of precedent at odds with important constitutional principles, contrary to the meaning of the Voting Rights Act, and nearly impossible for judges to adjudicate properly.In his dissent, Justice Clarence Thomas pegged the essential dispute as two competing readings of race and the law. One saw the Constitution as “colorblind.
Third, Thomas also pointed to a practical problem with the court’s jurisprudence here. The concept of vote dilution requires some standard, an objective “race-neutral benchmark” by which to compare the claim. What exactly does undiluted look like? Otherwise, judges won’t be applying the law so much as using it to incorporate their personal standard of fairness. Yet making one’s view of justice legally enforceable is not the job of the judicial branch.
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