The Supreme Court's recent ruling in Louisiana v. Callais has dismantled a crucial pillar of the Voting Rights Act (VRA), based on the premise that America has changed enough to no longer need such protections. This decision, rooted in a dangerous trust in the nation's progress, ignores overwhelming evidence to the contrary.
A Historical Betrayal
In 1901, George H. White, the only Black congressman at the time, delivered a prophetic farewell, predicting the eventual return of Black representation. It took 64 years of struggle, including the Selma march, to pass the VRA. The Act was not a gift but a constraint imposed on a country that had proven it would not protect Black voting rights without force.
The Callais ruling removes that constraint. While Section 2 of the VRA remains, its effectiveness is gutted. Justice Alito argued that social change, especially in the South, has made these protections unnecessary. However, data shows the racial turnout gap between white and nonwhite voters has widened, reaching 18 percentage points by 2022. Louisiana has never elected a Black congressperson from a non-majority-Black district, and the VRA was the only reason Black representation existed there.
The Intent Standard: A Cloak for Discrimination
The court now requires proof of intentional discrimination, an almost impossible standard. As Congress recognized in 1982, discrimination rarely announces itself. This ruling, combined with the earlier Rucho decision that made partisan gerrymandering unreviewable, creates a perfect storm: any map diluting Black voting power can be justified as partisan strategy, and courts cannot intervene.
Within hours of the ruling, Florida passed a new map benefiting Republicans. Louisiana delayed its primaries to eliminate a majority-Black district. Tennessee, Alabama, and Mississippi signaled similar moves. Civil rights groups have filed emergency challenges, but the damage is underway. As many as 30% of Congressional Black Caucus members could lose their seats, and nearly 200 state legislative seats held by Democrats in the South are at risk.
The Cost of Trust
The ruling's impact extends beyond Congress. It will affect state legislatures, county commissions, and school boards, where Black communities have built political power since 1965. The Justice Department's civil rights division has lost 70% of its lawyers, and DHS agents have been demanding voter records in Ohio. These developments point to weakened protections and increased pressure on election machinery.
Trump was the first president elected without full VRA protections. This ruling ensures he won't be the last. The exhaustion of repeating the same fight generation after generation is palpable. The VRA was not a gift but a constraint imposed by forebears who forced America to act against its instincts. That constraint is now gone.
Jamil Smith, a Guardian US columnist, argues that trusting America to do the right thing is a gamble history has repeatedly shown we lose. The question remains: what are we prepared to do about a country that has never, on its own, done the right thing?
