There is no reason to sugar coat or find a silver lining in the U.S. Supreme Court decision this morning on Louisiana v Callais. The Court has gutted Section 2 of the Voting Rights Act which stood as the last legal barrier against overt and intentional racial discrimination in American politics.
The Court appears to have established a de facto “Catch-22” standard. For Black, Hispanic, and other minority voters to establish a discrimination claim, they must demonstrate that the same partisan political result could have been achieved without racial discrimination.
It is a ridiculous standard. In Texas and in most other jurisdictions with sizable minority populations, partisan gerrymandering IS racial gerrymandering. Packing, cracking, and otherwise undermining minority voting strength are the central tools used to achieve Republican political goals. It is how Texas Republicans reconfigured a state where less than 40 percent of its population is Anglo to achieve a congressional map where 70 – 80 percent of its districts will elect the Anglo candidate of choice over the choice of minority voters.
Texas is now in the grips of Republican elected officials – from Ted Cruz through Greg Abbott down to State Legislative Leaders and local Republicans – who don’t just enable but advance the agenda of white nationalists.
Last summer, we saw Texas House Democrats risk their careers to break quorum and make a courageous stand against the grossly racially gerrymandered Texas congressional map. Thousands of Texans appeared at hearings in every region of the state and spoke passionately against the map. Those against the map outnumbered those supporting it 99 to 1. Greg Abbott and Republican legislators did not care at all. They took orders to deliver a new map from Donald Trump and crammed the map down Texans’ throats.
As Democrats, we can never abandon pursuing basic civil and voting rights at the courthouse. The Lone Star Project remains committed and resolute.
But it is clearer than ever that the best way to fully restore the rights being stolen is for Democrats to make the needed investments and put in the hard work to expand and mobilize our base to win competitive elections. Quite simply, in Texas and in other key states, we have lost too many elections. For too long morally corrupt Republican leaders who have no problem destroying basic rights to hold power and shred the moral fabric that holds a democracy together have been empowered.
The court battles will, and should, continue, but losing key elections created this crisis. Winning them is the best way to finally overcome it.
