The Supreme Court delivered appalling decisions in June-on abortion, guns, and environmental regulation but the conservative supermajority is poised to strike an even greater blow against American democracy. The justices now have the Voting Rights Act of 1965 in their sights. On October 4, the second day of the new term, they will hear Alabama's challenge to a federal district court's finding that the state has to create a new majority-Black congressional district. This is no ordinary case of statutory interpretation. At stake is a crowning achievement of the civil-rights era, and the meaning and measure of racial equality in the hands of a Supreme Court reshaped by Donald Trump.
Back in February, in a 5-4 vote, the Court's conservative majority temporarily blocked the district court's order; the majority didn't even deign to issue an opinion explaining its reasoning. The justices' audacious move freed Alabama to hold November's congressional elections in districts that the lower court had declared invalid. This went too far even for one of the Voting Rights Act's best-known critics, Chief Justice John Roberts, who dissented. To resurrect a pungent phrase, his colleagues out-segged him. But it would be a mistake to read his dissent as a sign that he has abandoned a project that has obsessed him since his days as a young lawyer in the Reagan Justice Department.
The most likely explanation for his dissent was that he flinched at the optics: Alabama's request for a stay had arrived on the Court's "shadow docket." Every court maintains an emergency docket to handle matters that can't wait for a full hearing. But during the Trump years, the Supreme Court exploited this device to hand victories to the president without a full briefing, public argument, or even advance notice.
This story is from the October 2022 edition of The Atlantic.
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This story is from the October 2022 edition of The Atlantic.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
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