“There is no question that the goal of the majority in such a session is to redistrict the State’s congressional map… The Legislature is poised to act to roll back the progress made over the past several decades—forecasting how rapidly and aggressively Louisiana will act if this Court removes protections.” (After pushback, the Louisiana legislature is expected to wait until after the Supreme Court issues a decision to redraw its maps.) One of the more startling aspects of the plaintiffs’ arguments against Section 2 comes at the end of the non-Black voters’ September brief to the Supreme Court, in which the lawyers seem to abandon the suggestion that racial polarization and animosity have receded to instead paint Black and white Louisianans as engaged in an eternal struggle over a limited number of congressional seats. Ensuring representation for Black voters, they continue, “perpetuates discrimination.” This claim doesn’t actually make sense, nor is it followed by any sort of explanation—but it does allow them to make reference to a 2007 Roberts opinion in which he famously wrote: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” In other words, the lawyers admit that there is currently racial disharmony and then suggest that the only way to end it is to let white people take representation from Black people.
Author: Pema Levy
Published at: 2025-10-14 21:29:18
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