On Oct. 14, the Supreme Court heard oral arguments on whether the use of race to gerrymander voting districts, pursuant to the Voting Rights Act of 1965 , is constitutional. The cases , which originated in Louisiana, returned to the court after arguments in March and additional briefing over its summer recess. As widely reported , the court appears likely to declare Section 2, which allows such race-based decision-making, a violation of the Constitution’s equal protection guarantee.

Other than Justice Ketanji Brown Jackson’s astonishing assertion, among many others, that black voters are “disabled ” in a manner akin to those protected by the Americans with Disabilities Act, much of the media focus was on the political impact of the likely ruling. Democrats who benefited fr

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