https://www.wsj.com/articles/racial-gerrymanders-rebuked-1529968160
Liberals have weaponized the Voting Rights Act and sometimes found support from a conflicted Supreme Court. But a 5-4 majority on Monday pushed back hard against the left’s gambit in Texas to use the law to racially gerrymander legislative districts.
At issue in Abbott v. Perez were the state legislature’s 2013 Congressional and state House maps. After liberal groups sued to block the legislature’s 2011 redistricting plans, the Supreme Court ordered a lower court to redraw the maps for the 2012 election. The legislature then adopted the lower court’s maps with a few nips and tucks.
But lo, liberal plaintiffs contended the new maps were still “tainted” by bias, and a three-judge panel last summer gave the state what amounted to an ultimatum: Redo the maps or we will. Texas sought relief from the High Court, which showed sympathy to most of the state’s claims.
Writing for the majority, Samuel Alito explains that the Court has held that Section 2 of the Voting Rights Act commands states to provide minorities equal opportunity to elect the candidate of their choice. But the Equal Protection Clause of the Fourteenth Amendment also “forbids ‘racial gerrymandering,’” and prohibits “intentional ‘vote dilution.’” In other words, legislatures must consider race, but not too much.