The Roberts Court is defending white supremacy
For the conservative editor and columnist James Jackson Kilpatrick, the Supreme Court decision outlawing school segregation was an atrocity. Brown v. Board of Education, he wrote in the 1950s, was a “revolutionary act by a judicial junta which simply seized power.” He warned in 1963 that the passage of the 1964 Civil Rights Act would destroy “the whole basis of individual liberty.” And in a 1965 National Review cover story, he argued that in order to “give the Negro the vote,” the Voting Rights Act would repeal the Constitution.
Kilpatrick did not hide the basis of his beliefs: In an article that was spiked after the 1963 Birmingham Baptist Church bombing, titled “The Hell He Is Equal,” he insisted that “the Negro race, as a race, is in fact an inferior race.”
As the historian Nancy MacLean wrote in Freedom Is Not Enough, by the 1970s, this segregationist had refashioned himself as an opponent of racial discrimination, a champion of color-blindness. Liberal egalitarians supporting race-conscious remedies, he argued, were “worse racists—much worse racists—than the old Southern bigots.” His transformation was so complete, he joked, that he was like the convert who “became more Catholic than the Pope.”
In fact, Kilpatrick’s conversion was no conversion at all. To understand it is to understand the Roberts Court’s decision today in Louisiana v. Callais. The decision purports to uphold Section 2 of the Voting Rights Act, which prohibits racial discrimination in voting, but effectively nullifies it, ruling that a Louisiana redistricting map that created two majority-Black districts out of six, in a state whose population is one-third Black, was an “unconstitutional racial gerrymander.” The majority opinion uses procedural language to obscure what its rewriting of the VRA will allow lawmakers to do: engage in racial discrimination in drawing political districts as long as they say they are doing so for a partisan purpose rather than a racist one—as if the results would not be identical. [Continue reading…]