
The fact that the Court is prepared to review what the left regards as a foundational element of anti-discrimination law may come as a shock to some, but it shouldn’t.
The Supreme Court dropped a tantalizing tease last Friday when it indicated that it would take up the constitutionality of majority-minority congressional districts mandated by the Voting Rights Act.
Court-watchers, including our own Dan McLaughlin, read what Politico called a “terse” announcement suggesting the body would review whether racial gerrymandering “violates the Fourteenth and Fifteenth Amendments to the U.S. Constitution” to mean that the Court would “take up the big constitutional game” raised in Louisiana v. Callais. Thus, the Court is likely to apply a critical eye to Section 2 of the VRA next year after punting on the issue in ...