On May 23, 2024, the U.S. Supreme Court reinstated South Carolina’s redrawn congressional map, determining that it did not constitute unconstitutional racial gerrymandering. The 6-3 opinion authored by Justice Samuel Alito reversed a lower court ruling which had found that the plan illegally removed 30,000 Black voters to make the 1st Congressional District more favorable for a white Republican candidate.
Devon Ombres, senior director for Courts and Legal Policy at the Center for American Progress, responded to the ruling with strong criticism. "This ruling allows South Carolina to strip power away from Black voters and implement a congressional map that is clearly racially gerrymandered," Ombres stated. He further accused the majority of "cherry-picking evidence" and disregarding proof of racial gerrymandering.
Ombres expressed concern about future implications of this decision: "The majority makes it clear that, in the future, it will be more difficult to challenge unconstitutional racial gerrymanders." He argued that justices would now favor legislatures with histories of racial animus over those challenging such practices.
Additionally, Ombres criticized Justice Alito's stance: "It’s a disgrace that this opinion comes from a justice who flew flags promoting election denial and flaunting the rule of law." He added, "Justice Alito’s opinion claims that racial gerrymanders are not the problem; he thinks it is the people who challenge racial discrimination that are the problem."
Ombres called on Congress to act: "The court has now given a roadmap to state legislators to further take power away from voters and entrench political minority rule across the country. Congress must pass legislation to revitalize the Voting Rights Act to ensure that the will of American voters matters—not just the will of those already in power."
For additional information or expert commentary, Sam Hananel can be contacted at [email protected].
