Louisiana v Callais: An old remedy vs the US Constitution
Link to quote: Louisiana Office of the Attorney General
Louisiana v Callais is one of the most important cases the Supreme Court will hear in our lifetime. Long ago when southern segregationists put up roadblocks to black voters, congress took the desperate step of passing the voting rights act. The Act's main goal was to protect the rights of black voters. It has been an overwhelming success in that regard.
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Congress passed the voting rights act of 1965
However, there were certain provisions of the Act that went beyond the safeguards created to insure black voters could vote. Section 5 required states and counties with a history of racial discrimination (there were 7 listed) to get approval, from the DOJ or a federal court before changing any voting rules. That was an on hands approach by the federal government which lasted for decades. The other provision which is the current topic of discussion for the Court is Section 2 which allowed for gerrymandering via the threat of federal lawsuits which would give black voters greater representation, many times it was beyond a true share of representation. That provision led to the election of many black officials at every level of government. As well meant as that was at the time, it is a violation of the Constitution's equal protection clause.
Today the south is nothing like it once was. Many argue that the provision was never supposed to last forever.
Currently the Court is hearing arguments in a case of such redistricting in Louisiana. The arguments thus far have the plaintiffs arguing that the new map is based on race and a clear violation of the equal protection clause in the 14th Amendment. The arguments on the other side led by Justice Ketanji Brown Jackson are unusual to say the least. Jackson compared the case to accessibility under the Americans with Disabilities Act. Implying that black Americans were somehow like the disabled not being able to access a building.
Jackson said: “Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities, and so it was discriminatory in effect because these folks were not able to access these buildings.”
Justice Ketanji Brown Jackson argues for race-based redistricting, citing the Americans with Disabilities Act: ‘They’re disabled’
In case anyone is interested, here is the district they want to create:
Hopefully this will end racial gerrymandering.
Discrimination by another name is still discrimination.
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It's been 60 years.
The south has changed dramatically. It is time to return to the Constitution and the American ideal of equality.
The problem, per the naacp, is that white democrats won’t vote for black democrats. Something’s don’t change all that much.
Please tell the naacp that Obama was elected twice.
Should we expect race riots? That seems to be the usual response.
A good possibility. You see, there is something else involved here. Should the Court rule the race-based gerrymandering is unconstitutional, democrats would lose a lot of seats in congress and possibly lose control of congress for decades. I expect them to react.
And that response will be a riot.
Yes, the left uses violence.
Do you know how many black Republicans from Louisiana , Mississippi , and Alabama there are in Congress? Zero.
In the past 150 years there have been four black members of Congress from Alabama. Every one of the four was a Democrat.
Im still looking at the other two states but I'm sure I will find the same thing.
If conservative black Republicans cannot get elected in white majority districts in these states, how many black Democrats do you think would stand a chance?
The result would be no black representation in Congress from these states.
Yes. Deplatforming radical activists. Racial gerrymandering allows radicals to stir up racial issues and divisions.
In one respect the end of racial gerrymandering benefits Democrats by eliminating the need for scattergun politics to target their pandering toward vastly dissimilar racial groups. Democrats are going to need a new playbook.
LOL. You are giving away your game Nerm.
Is it your opinion that whites dont stir up racial issues and divisions ?
Maybe better black candidates would help. Race should NEVER be the basis for voting.
Why are the only black members of Congress from these three deep south states Democrats from majority black districts?
If elections would be "fair" without these districts why havent any black Republicans won in these states? There are none.
Let them get a new playbook. Dividing the country by race must end.
Segregation. The Black populations of these three states have been segregated into three Congressional Districts.
Trumps presidential campaigns have all been based on racial grievance. His entire existence as a politician was originally based on racial grievance.
The claim that right wingers just want racial equality for all is laughable.
So if the elections were fair Republicans would win?
Is calling for equality a racial grievance?
Calling for color blind treatment by the government is “racial grievance”, demanding race based set asides is not, in bizarro progressive world,
The kind of reasoning we were warned about in 1984.
There is currently one black member of the Louisiana delegation to the US House of Representatives, his name is Troy Carter. His district is majority black by a slim margin.
Blacks make up 33% of the Louisiana population.
There are three black members of the US House, combined, from Louisiana, Mississippi, and Alabama, one from each state. They all were elected in black majority districts.
Without majority black districts there would be none, even though blacks make up roughly a third of this regions population.
The goal was to insure blacks had a right to vote, not insuring a racial presence.
Is that really the best you fucking have ? My god.
It's a massively important point.
Why would anybody want somebody elected to represent a race?
So equal right's isn't an issue you wish to enjoy with others?
I asked chatGPT
It said
No need. We all know what they were trying to do back in 1965. It was to overcome the resistance of what once was, but no longer is the segregationist south. A lot has changed since then beginning with attitudes. The problem with what they did is the means used to achieve a noble end. That is why the Supreme Court is about to announce that creating a voting district based on race is unconstitutional.
Are you suggesting the Black populations of Louisiana, Mississippi, and Alabama have been segregated into only three Congressional Districts? Seems that racial gerrymandering is exacerbating the very problem it was supposed to fix. Why is this acceptable?
I'm suggesting that white majority districts in these states will not elect a black candidate, Democrat or Republican.
Wesley Hunt says hello.
South Carolina, the home of the confederacy, gave more votes to a black Republican in a state wide election than a white Republican even though there are very few black republicans. Seems, per the NAACP, the problem is white democrats don't vote for black democrats.
In the roughly 150 years since the end of Reconstruction, there have been only two Republican black US Senators. ONE of them was from the south (Scott).
Black congressional candidates are not going to win in majority white districts in Louisiana Mississippi and Alabama, even if they are Republicans. How do we know that? Because it has never happened. Once that starts happening then we can consider changing the voting laws.
So.... again.... "fair" voting results in Republicans winning?
What about white democrats, are they entitled to white democratic representation? There are zero Republican congressmen in wide swaths of New England despite making up 40% or more of the population. Do you want to mandate special Republican districts to make sure they aren't disenfranchised?
What about the white minority in black majority areas like Jackson, MS Should they have white majority carveout district to ensure they have representation?
Please spell out your plan to ensure representation is equally divided by race/party etc..