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2024

MAGA Supreme Court Votes to Make Gerrymandering Much Worse

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Insurrectionist flag addict Samuel Alito and five other conservative justices delivered a long-awaited Supreme Court opinion about racial gerrymandering on Thursday, determining that a racially gerrymandered redistricting map in South Carolina is actually not about race at all.

The Supreme Court has typically rejected districts drawn with race as a predominant factor—but according to the majority’s decision, written by Alito, that’s not the case with the South Carolina district the ACLU previously depicted as a two-headed dragon that cut across multiple neighborhoods using 2020 census data to minimize the impact of the Black vote.

A federal court agreed with the ACLU in January 2023, ordering South Carolina to redraw its 2021 enacted congressional map. South Carolina appealed the decision, kicking it up to the conservative-controlled Supreme Court.

The 2023 federal decision unanimously agreed that state legislators “may not use partisanship as a proxy for race.” The decision handed down by the Supreme Court Wednesday nuked that opinion by essentially deciding everything is partisan, thereby negating the issue of race entirely: “Where race and politics are highly correlated, a map that has been gerrymandered to achieve a partisan end can look very similar to a racially gerrymandered map,” the absurd decision reads.

The decision further claims that because the ACLU didn’t provide a hypothetical “rational” map to show what non–racially gerrymandered redistricting would look like, it failed to prove that the racist gerrymandering was not done in “good faith”—a new precedent for racial gerrymandering cases that the Supreme Court has never required before.

All liberal justices dissented, with Kagan apparently sneaking a reference to an inverted flag flown outside Alito’s home in January 2021 into her dissent.