The Civil War ended 160 years ago. The racist Jim Crow laws of the post-Civil War era were outlawed in the 1960s. It is time for the United States to uphold the words of the 14th Amendment to the Constitution: all Americans are equal and have the constitutional right to be treated equally. Discrimination against certain groups to achieve some platonic vision of equality is unconstitutional.
This truth bears observation. Last week, the Supreme Court announced that it would consider whether racially motivated gerrymandering under Section 2 of the Voting Rights Act of 1965 “violates the Constitution.” Section 2 generally prohibits race-based discrimination in voting laws and practices. In redistricting cases, the law has been used to prevent racial gerrymandering that would unfairly dilute the voting power of racial and ethnic minority voters. States across the country routinely seek to comply with Section 2 by drawing congressional districts where minority voters have a legitimate opportunity to elect their chosen candidate.
The case at hand is Louisiana v. Callais. The matter concerns whether the state of Louisiana must be legally required by the terms of the Voting Rights Act to create two congressional districts where the majority of the population is black. This arguably would ensure that the black voters of Louisiana have an opportunity to be represented by two members of Congress. African Americans in Louisiana make up almost 33% of the population. Louisiana has six congressional seats. So, under the provisions of Section 2, African Americans must have the opportunity to be represented by two, or 33%, of the six members of the Louisiana congressional delegation.
Last week, in Louisiana v. Callais, the court asked the litigants to consider this question: whether the “intentional creation of a second majority-minority congressional district violates the 14th or 15th Amendments to the U.S. Constitution.” The 14th Amendment guarantees equality among the citizens of the country. And the 15th Amendment mandates equal opportunity to vote.
By asking the question about majority-minority congressional districts, the court signaled that it will rule that a second majority-minority district is unconstitutional. The operative concern is that non-African American voters in the second black majority district would be denied equal opportunity to elect a member of Congress of their choosing. Their rights would be made subordinate to the rights of black voters. This would be a clear violation of both the 14th and 15th amendments.
FOUR LIES THAT TOPPLED THE POLITICAL ESTABLISHMENT
As Supreme Court Justice Clarence Thomas has said: “Section 2 of the Voting Rights Act should be reassessed with regard to drawing congressional districts.” Section 2 cannot be used to justify discrimination. The Constitution is color blind. Race should be irrelevant when drawing congressional districts. As Chief Justice John Roberts wrote almost 20 years ago in Parents Involved in Community Schools v. Seattle School District No. 1, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
Racial considerations must be eliminated from lawmaking. We are all Americans, and we should all be treated as such.
James Rogan is a former U.S. foreign service officer who has worked in finance and law for 30 years. He writes a daily note on the markets, politics, and society. He can be followed on X and reached at [email protected].
