David Daley writes:

In 1982, when the Voting Rights Act was up for reauthorization, the Reagan Justice Department had a goal: preserve the VRA in name only, while rendering it unenforceable in practice. A young John Roberts was the architect of that campaign. He may soon get to finish what he started.

Last month, at the oral argument in Louisiana v. Callais, a majority of the conservative justices seemed to signal their willingness to forbid any use of race data in redistricting. That could lead to the end of the VRA’s Section 2 protections for minority voters, and allow states across the South to redraw congressional districts currently represented by Black Democrats into whiter, more rural, and more conservative seats, potentially before the 2026 midterms.

A central question of the case, hotly debated during oral arguments, is whether Section 2 should prohibit election laws and procedures that have a racially discriminatory effect, or just those passed with clear racially discriminatory intent. Roberts almost certainly had flashbacks. This is the same question that was at the center of the 1982 reauthorization fight. Back then, the future chief justice’s job was to design the Department of Justice’s VRA strategy.

When Roberts first arrived at DOJ in 1981, fresh off a clerkship for William Rehnquist at the Supreme Court, he was assigned two important portfolios: prepping Sandra Day O’Connor for her confirmation hearings and voting rights. O’Connor sailed through the Senate. The VRA would be more contentious: A 1980 Supreme Court decision in City of Mobile v. Bolden had required plaintiffs making a Section 2 claim to prove that lawmakers had racial-discrimination intent. That’s difficult to demonstrate, and it brought nearly all Section 2 litigation to a halt.

Civil-rights groups, Democrats, and moderate Republicans wanted to use the VRA reauthorization to override Mobile and clarify that Congress clearly meant to remedy all racially discriminatory effects. The Reagan administration was divided. Moderate Reaganites did not want to battle over the landmark law, which was popular. Ideological conservatives within DOJ spoiled for a fight. They were content to extend the act, just so long as it was impossible to use. Roberts led the way. [Continue reading…]

Sidney Blumenthal and Sean Wilentz talk to Lisa Graves about how the supreme Court is Trump’s supreme enabler, corruption and racism as well as John Roberts long History of trying to restore Jim Crow: