The law is once again on the chopping block — this time on the question of how state legislatures may draw congressional district lines when the state's voters are racially polarized.
The U.S. Supreme Court hears arguments on Tuesday in a case that could put another nail in the coffin of the landmark, first passed in 1965 and aimed at eliminating race discrimination against minority voters.
"In Alabama, voting is racially polarized, which means Black voters and white voters systematically vote for different candidates, particularly when Black candidates are on the ballot," says election law expert Richard Pildes. And that, he says,"triggers the Voting Rights Act."Triggering the Voting Rights Act is a big deal, with special irony in this context.
In January, a three-judge federal court panel ruled unanimously that Alabama could and should have created two compact congressional districts with a majority, or close to a majority, of Black voters: two districts instead of just one. Two of the judges on the panel were Trump appointees, the third a Clinton appointee.
He notes that Alabama's arguments range from the narrow ones about how to interpret the 1982 amendments to the Voting Right Act, to more extreme arguments.
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