On Tuesday, the Supreme Court held oral argument in Alexander v. South Carolina State Conference of the NAACP. It is the most recent gerrymandering case to come before the Court. In 2019, the Supreme Court held in Rucho v. Common Cause that federal courts cannot invalidate voting maps that are partisan gerrymanders—maps that are drawn to benefit candidates of one political party. But racial gerrymanders are still unconstitutional under Section 2 of the Voting Rights Act, at least when the people challenging the map can meet the high burden of proof the Court has set. (The state of Alabama found that out last term, although it’s still trying to avoid the Court’s ruling.)
Please note that Republican Nancy Mace now represents a district which is 86% white. Such numbers are simply not possible in the SC Lowcountry without racial gerrymandering.
Hi, N Berry. Sorry to hear that in your district of the SC low country, and from what you’re saying in SC as a whole, that there is no real representation for citizens who are not Republican. We’re working to bring ranked choice voting to North Carolina, and we have multi-winner districts where the Republicans have 16% of the electorate and can’t get a single person elected. Ranked Choice Voting would help them, too. Polarization between urban-rural areas is overblown by partisan politics. Most Americans want similar things: public safety, economic stability, opportunity, high-quality education, well-maintained infrastructure, clean air & water, a responsible presence in world affairs. RCV is a nerdy kind of structural change that people need to understand in order to support. Politicians are wary, because they know how to win in the old system, where in NC you can win a primary with just 30% of the vote. Attack ads work in that environment. Not when you have to appeal to a broad swath of the electorate. RCV elections means that instant runoffs occur until someone gets 50%+1 of the vote, minimum. I truly believe it is a game changer--not the whole game, but enough to get balls across the line, like banning partisan gerrymandered maps.
SHAMEFUL. Very good word for all we are having to fight. We must get our Country to Trust our elections it is vital. Maybe I read too much, but I am not going to quit trying to know what is going on. It is so outrageous where we sit right now... Corruption at its worst. Keep the faith whatever it is. What is happening in the Middle East should be proof enough...and there is so much more. I hope our outlook can get a great big BOOST SOON..🇺🇸
Celeste - the only reason I know is because I live in NC and am working for pro-democracy structural reforms like ranked choice voting. Mace truly is awful, and it’s not a huge deal that you mistakenly confused the two women. Cotham wants school vouchers, so she switched parties. Her family has a history in NC politics; the voters believed her and are hopping mad.
There is no way any of us can keep up and remember everything or even catch everything. It’s good enough that we’re trying and engaged and learning.
I can't find any reliable confirmation online that Nancy Mace actually ran as a Democrat in a Congressional election. Can you help us with some references?
I have confused Mace with Tricia Cotham who was the Rep. who ran as a Dem and switched midstream. I apologize to Mace for the mishap I made, and I thank you for bringing it to light.
and it just goes on.... thanks Patricia. Our Country needs a lot of fixing. I sure pray that the States will have enough people that continue to work on this... Is this (right now) AMERICA at its best... hell NO. It is a sad state of affairs and downright disgusting 🤮🇺🇸
Here in Virginia, my two Democratic Sens. Mark R. Warner and Tim Kaine of Virginia are "urging Attorney General Merrick Garland to investigate whether the Youngkin administration violated the Voting Rights Act when it wiped at least 270 fully qualified Virginia voters off the state’s rolls." The article goes on to highlight thousands more than the 270 voters in this quote.
Isn't it ironic that folks guilty of felonies can't vote but a man indicted could be a candidate to run for POTUS.
And, more to the point of this issue of Civil Discourse is that i find it outrageous that gerrymandering (talk about stealing an election) is allowed in this country. And more so that SCOTUS supports it.
If it’s not Alabama, it’s NC or SC or Mississippi or Louisiana or Texas or, or, or taking actions to cheat. Overt racism. Legal maneuvering. Ignoring courts. Rigging the SC. Landmark (civil rights) laws are all up for grabs now - they don’t mean anything.
I ask - what is taught in law schools that society has to be subjected to constant threats from every component of the legal system? Why does it always have to be a fight for basic rights and freedoms? What value, if any, is the court system when all too often the rich and powerful simply influence outcomes to suit their goals? What is the point?
Seems to me there truly is not freedom of any kind and there is not blind justice. I believe this to be true and why Trump et al are so close to turning not only this country but much of the world into a dictatorship.
Good question: What is being taught in law schools that we could find credentialed lawyers to fight FOR racial discrimination via gerrymandering or, in 2020, the Big Lie.
The three-judge panel originally finding that the SC redistricting was a race-based due process violation relied upon several expert testimony that distinguished "political" from "racial" gerrymandering, and clearly the effect of "rebalancing" between the two Congressional districts deprived Black voters from claiming due representation by diluting their numbers. Roberts is perhaps showing buyer's remorse re: Allen v Milligan, and is reverting to earlier form as shown in Shelby, with Alito leading the charge in marathon questioning of plaintiff's counsel during the Alexander hearing. It seems, according to the right-wing majority, that if a district is gerrymandered to bring in more "conservative" - i.e., white - voters, it's only "incidental" or circumstantial" that those voters losing leverage at the polls just "happen" to be Black, and so, no deliberate discrimination or thwarting of due process. What a stretch, and entirely expected from the Roberts court.
Counselor, once again you have explained a part of the law so that even I can understand it. Why it is so difficult to legally 'dis-mander' what has been 'gerried' by a partisan state legislature. The constitutional tension between federal and state regarding electoral goings-on. And your uplifting optimism that we the people do have a chance to right wrongs when state legislatures and the justice system cannot reach a fair result for voters who have been racially cut out. It harms all of us!
You bet I will be hanging around--for you, for the chickens, for the Truth.
Seriously, what a mess we are in. Does Congress even do any background checks on these people? They are the worst of the worst. It has been a long 7+ years of this nasty person, he certainly knows how to lie, I think we have heard them all, then he comes up with more BS. Much to be said about misinformation destroying our country. I wonder if I will live to see it get good again. I also think that anyone that does not apply to their Oath, should (at the very least) be fined and use the “three strikes...your OUT”. The rebuts could care less what their constituents need. I am still shocked by his followers being unable to hold a conversation but HATE. I think our Courts should put all aside and take care of this guy who thinks he should be our “leader” he can’t lead himself... Oh... just so frustrated like all of us.💙🥰
Hold on there. These are challenging times to the Rule of Law. We must find our way amidst such cynicism. United and working together along with the many talented and loyal supporters working so hard to save our democracy, we must stand alongside them and declare our commitment to win in 2024. And Joyce is right here to guide us. We can do this together
Calif here as well, Wineaux! I find that it's hard to fight for what's right when I already live in the bright blue state and all of my reps are blue. I'm tempted to give financial support to Ruben Gallego in Arizona where he's the Dem running against Kari Lake for Senator. My reps don't need much help.
I consider myself an independent but, as I like to say, it's been a long time since I've seen an R I wanted to vote for. How long? I think the last R I voted for was Lamar Alexander, the first time he ran for governor of Tennessee. When was that, 1978? And it took no more than two months for me to regret that vote. The Rs who run Tennessee these days sooth the ache I feel being away from that lovely state.
The regional qualifier is unnecessary, I assure you. I may be from the south but I'm not stupid. I know some honest Republicans. However you have to listen real hard.
The question remains, are they running for office? Highly doubtful. Too many years living in MS, AR & TN. I’ve never known an honest thuglican. That includes family. Grateful they’ve not run for office.
Many thanks, Joyce, for highlighting this threat to our fundamental support to our democracy. As you said, it will take some hard work. Indeed, lots of times it is a few folks who do the lion's share. We can't do everything, but we can do something, and spending just one day per month with your local League of Women Voters would be a way to shore up support for our democracy. The League of Women Voters is a nonpartisan volunteer organization that was formed by suffragists some 100 years ago just before the 19th Amendment was ratified. The South Carolina LWV filed an Amicus brief in Alexander. LWVUS has a nationwide campaign called People Powered Fair Maps to push for fair maps in every state of the union. League donated $500,000 to begin this push - and anyone who knows League knows how significant this is: local leagues pay LWVUS an annual percentage for every member. Budgets are scrutinized and LWVUS rarely spends significant amounts of money: everything is done with volunteer labor and luncheons (at least at our state board meetings) entail bringing your own peanut butter and jelly sandwiches. So, the small money donations by members, donations from wills and estates, special garage sales with donations to LWVUS were saved over decades. And now for such a significant sum to be used in the Fair Maps projects shows how critically important the issue of partisan mapping and gerrymandering is to League. It was shocking to see them lay down that much money on a single project. But, League clearly understands the threat posed by election deniers to undermine our democracy. I am suggesting/inviting/urging anyone who would like to be involved in establishing fair maps, against partisan mapping and gerrymandering, to volunteer with their local League of Women Voters.
Agreed! Here in PA, there is a grassroots group called Fair Districts PA which was organized some years ago by representatives from several nonpartisan good government groups including the LWV of PA. FDPA now has members in every legislative district in the state working to end gerrymandering. People do whatever they can, many working from home, to educate their neighbor, talk to their legislator, etc. to keep up to date with what’s happening: https://fairdistrictspa.com/join
Yes, the LWV model was launched in 2019 after Supreme Court Rucho v. LWV North Carolina..
I forgot to mention, but I assumed most folks know that League of Women Voters welcomes all memberships, including men. We have male members on our state board and local board.
Wonder if us Ds in AL can use the non racial concept to sue saying we have no political representation? There are a lot of us. I kinda feel like our AL D party is desperately needing new leadership. The counties are holding in there but the state party is still corrupt.
Thank you, Joyce. I don't have much confidence in the Supreme Court as ii is currently constructed. I really wish Supreme Court justices were selected more on their understanding and interpretation of the Constitution than on their loyalty to any particular political party. The legal knowledge and experience of a justice is far more important than their religious, racial, ethnic biases.
Late hopeful evening to you Joyce: it does look grim but my question to you is: isn’t SCOTUS showing bias in these types of rulings. Seems so obvious even to me as a lay person. It’s right in front of our noses and what are we going to do about it that is fair and just? We must hit all facets of this monster tactic to cause all our votes not to be counted. Now is the time for solidarity even amidst the clamoring to quietly get in there and let all of them know that they can’t do that. Sheldon Whitehouse where are you. We need results now to stop this nonsense and hold all members of the Supremes accountable. Thanks Joyce for your unrelenting strength of purpose 🇺🇸🗽🗳️❤️
Please note that Republican Nancy Mace now represents a district which is 86% white. Such numbers are simply not possible in the SC Lowcountry without racial gerrymandering.
How awful. How can Mace be so blatantly unfair. She’s a cheat and needs to be voted out. Shameful.
Have you heard her recent interviews on carried on TV? She needs to be voted out because she has nothing between her ears!
She had jordan between them
Well, heck, I live in Mace’s district. I would love to vote her out. Voting in South Carolina is only a symbolic act for a non-Republican.
Hi, N Berry. Sorry to hear that in your district of the SC low country, and from what you’re saying in SC as a whole, that there is no real representation for citizens who are not Republican. We’re working to bring ranked choice voting to North Carolina, and we have multi-winner districts where the Republicans have 16% of the electorate and can’t get a single person elected. Ranked Choice Voting would help them, too. Polarization between urban-rural areas is overblown by partisan politics. Most Americans want similar things: public safety, economic stability, opportunity, high-quality education, well-maintained infrastructure, clean air & water, a responsible presence in world affairs. RCV is a nerdy kind of structural change that people need to understand in order to support. Politicians are wary, because they know how to win in the old system, where in NC you can win a primary with just 30% of the vote. Attack ads work in that environment. Not when you have to appeal to a broad swath of the electorate. RCV elections means that instant runoffs occur until someone gets 50%+1 of the vote, minimum. I truly believe it is a game changer--not the whole game, but enough to get balls across the line, like banning partisan gerrymandered maps.
https://www.rcvresources.org/south-carolina-state-assessment
SHAMEFUL. Very good word for all we are having to fight. We must get our Country to Trust our elections it is vital. Maybe I read too much, but I am not going to quit trying to know what is going on. It is so outrageous where we sit right now... Corruption at its worst. Keep the faith whatever it is. What is happening in the Middle East should be proof enough...and there is so much more. I hope our outlook can get a great big BOOST SOON..🇺🇸
I think you might be thinking of Tricia Cotham in North Carolina?
Thanks for correcting me. I will delete my post.
Celeste - the only reason I know is because I live in NC and am working for pro-democracy structural reforms like ranked choice voting. Mace truly is awful, and it’s not a huge deal that you mistakenly confused the two women. Cotham wants school vouchers, so she switched parties. Her family has a history in NC politics; the voters believed her and are hopping mad.
There is no way any of us can keep up and remember everything or even catch everything. It’s good enough that we’re trying and engaged and learning.
Dear celeste k,
I can't find any reliable confirmation online that Nancy Mace actually ran as a Democrat in a Congressional election. Can you help us with some references?
I have confused Mace with Tricia Cotham who was the Rep. who ran as a Dem and switched midstream. I apologize to Mace for the mishap I made, and I thank you for bringing it to light.
And ran as a pro choice Democrat. Liar
Of scarlet A fame - dimwit!
and it just goes on.... thanks Patricia. Our Country needs a lot of fixing. I sure pray that the States will have enough people that continue to work on this... Is this (right now) AMERICA at its best... hell NO. It is a sad state of affairs and downright disgusting 🤮🇺🇸
Joyce: what are the stats relied on by the 3-judge court?
The word is that she is running privately for VP with Trump. He deserves her!
Very timely essay, Joyce.
Here in Virginia, my two Democratic Sens. Mark R. Warner and Tim Kaine of Virginia are "urging Attorney General Merrick Garland to investigate whether the Youngkin administration violated the Voting Rights Act when it wiped at least 270 fully qualified Virginia voters off the state’s rolls." The article goes on to highlight thousands more than the 270 voters in this quote.
https://wapo.st/3PQKbux
I saw that, lynell. I love that Youngkin may be investigated!
Me, too, Marlene!
*Lynell*!
Isn't it ironic that folks guilty of felonies can't vote but a man indicted could be a candidate to run for POTUS.
And, more to the point of this issue of Civil Discourse is that i find it outrageous that gerrymandering (talk about stealing an election) is allowed in this country. And more so that SCOTUS supports it.
If it’s not Alabama, it’s NC or SC or Mississippi or Louisiana or Texas or, or, or taking actions to cheat. Overt racism. Legal maneuvering. Ignoring courts. Rigging the SC. Landmark (civil rights) laws are all up for grabs now - they don’t mean anything.
I ask - what is taught in law schools that society has to be subjected to constant threats from every component of the legal system? Why does it always have to be a fight for basic rights and freedoms? What value, if any, is the court system when all too often the rich and powerful simply influence outcomes to suit their goals? What is the point?
Seems to me there truly is not freedom of any kind and there is not blind justice. I believe this to be true and why Trump et al are so close to turning not only this country but much of the world into a dictatorship.
Good question: What is being taught in law schools that we could find credentialed lawyers to fight FOR racial discrimination via gerrymandering or, in 2020, the Big Lie.
The three-judge panel originally finding that the SC redistricting was a race-based due process violation relied upon several expert testimony that distinguished "political" from "racial" gerrymandering, and clearly the effect of "rebalancing" between the two Congressional districts deprived Black voters from claiming due representation by diluting their numbers. Roberts is perhaps showing buyer's remorse re: Allen v Milligan, and is reverting to earlier form as shown in Shelby, with Alito leading the charge in marathon questioning of plaintiff's counsel during the Alexander hearing. It seems, according to the right-wing majority, that if a district is gerrymandered to bring in more "conservative" - i.e., white - voters, it's only "incidental" or circumstantial" that those voters losing leverage at the polls just "happen" to be Black, and so, no deliberate discrimination or thwarting of due process. What a stretch, and entirely expected from the Roberts court.
Clinging to your optimism Joyce. Thank you always.
Counselor, once again you have explained a part of the law so that even I can understand it. Why it is so difficult to legally 'dis-mander' what has been 'gerried' by a partisan state legislature. The constitutional tension between federal and state regarding electoral goings-on. And your uplifting optimism that we the people do have a chance to right wrongs when state legislatures and the justice system cannot reach a fair result for voters who have been racially cut out. It harms all of us!
You bet I will be hanging around--for you, for the chickens, for the Truth.
Thank you!
Gus, you made me smile with your word-play! Yeah, I want to know the answer to that question, too.
Thanks Annie.
You are reading our minds, Gus. Joyce certainly gives us sanity in this. Tfg is a MESS. good post for all his antics today. 🇺🇸
Thanks Ruth
Seriously, what a mess we are in. Does Congress even do any background checks on these people? They are the worst of the worst. It has been a long 7+ years of this nasty person, he certainly knows how to lie, I think we have heard them all, then he comes up with more BS. Much to be said about misinformation destroying our country. I wonder if I will live to see it get good again. I also think that anyone that does not apply to their Oath, should (at the very least) be fined and use the “three strikes...your OUT”. The rebuts could care less what their constituents need. I am still shocked by his followers being unable to hold a conversation but HATE. I think our Courts should put all aside and take care of this guy who thinks he should be our “leader” he can’t lead himself... Oh... just so frustrated like all of us.💙🥰
Hold on there. These are challenging times to the Rule of Law. We must find our way amidst such cynicism. United and working together along with the many talented and loyal supporters working so hard to save our democracy, we must stand alongside them and declare our commitment to win in 2024. And Joyce is right here to guide us. We can do this together
❤️🗽🗽🗽🗽🗽🗽🗽🗽🗽🗽🗽🗽🗽🗳️🇺🇸
Well said. He is something alright. NUTS 🥜
I like that you have the statistics of where all of your readers come from,Joyce. Thanks for doing that!
🙌🏼 YES! I’m one of the 13% CA, as well, Marlene! Cool!
Proudly representing NY!
Calif here as well, Wineaux! I find that it's hard to fight for what's right when I already live in the bright blue state and all of my reps are blue. I'm tempted to give financial support to Ruben Gallego in Arizona where he's the Dem running against Kari Lake for Senator. My reps don't need much help.
Yes, I have given to Gallego and to those in other states.
I am reading Joyce every day from the highly gerrymandered state of NC! Not sure how many other subscribers are from NC?
NC here!
I was born and raised in NC, in the Western Carolinas. Left when I turned 18 and never looked back.
Don’t run it in. I came here from CA.😂(Seriously)
HA!
Q: How do you tell if a Southern white Republican is lying?
A: Look and see if his lips are moving.
I consider myself an independent but, as I like to say, it's been a long time since I've seen an R I wanted to vote for. How long? I think the last R I voted for was Lamar Alexander, the first time he ran for governor of Tennessee. When was that, 1978? And it took no more than two months for me to regret that vote. The Rs who run Tennessee these days sooth the ache I feel being away from that lovely state.
The regional qualifier is unnecessary, I assure you. I may be from the south but I'm not stupid. I know some honest Republicans. However you have to listen real hard.
The question remains, are they running for office? Highly doubtful. Too many years living in MS, AR & TN. I’ve never known an honest thuglican. That includes family. Grateful they’ve not run for office.
Willing to offer up Howard Baker.
Unfortunately he’s old school republican, they don’t want those guys/gals.
So true. Makes me sad for my home state.
Many thanks, Joyce, for highlighting this threat to our fundamental support to our democracy. As you said, it will take some hard work. Indeed, lots of times it is a few folks who do the lion's share. We can't do everything, but we can do something, and spending just one day per month with your local League of Women Voters would be a way to shore up support for our democracy. The League of Women Voters is a nonpartisan volunteer organization that was formed by suffragists some 100 years ago just before the 19th Amendment was ratified. The South Carolina LWV filed an Amicus brief in Alexander. LWVUS has a nationwide campaign called People Powered Fair Maps to push for fair maps in every state of the union. League donated $500,000 to begin this push - and anyone who knows League knows how significant this is: local leagues pay LWVUS an annual percentage for every member. Budgets are scrutinized and LWVUS rarely spends significant amounts of money: everything is done with volunteer labor and luncheons (at least at our state board meetings) entail bringing your own peanut butter and jelly sandwiches. So, the small money donations by members, donations from wills and estates, special garage sales with donations to LWVUS were saved over decades. And now for such a significant sum to be used in the Fair Maps projects shows how critically important the issue of partisan mapping and gerrymandering is to League. It was shocking to see them lay down that much money on a single project. But, League clearly understands the threat posed by election deniers to undermine our democracy. I am suggesting/inviting/urging anyone who would like to be involved in establishing fair maps, against partisan mapping and gerrymandering, to volunteer with their local League of Women Voters.
Agreed! Here in PA, there is a grassroots group called Fair Districts PA which was organized some years ago by representatives from several nonpartisan good government groups including the LWV of PA. FDPA now has members in every legislative district in the state working to end gerrymandering. People do whatever they can, many working from home, to educate their neighbor, talk to their legislator, etc. to keep up to date with what’s happening: https://fairdistrictspa.com/join
Yes, the LWV model was launched in 2019 after Supreme Court Rucho v. LWV North Carolina..
I forgot to mention, but I assumed most folks know that League of Women Voters welcomes all memberships, including men. We have male members on our state board and local board.
Thirteen Supreme Court judges.
Term limits to 18 years.
So it’s OK to politically gerrymander, but not OK to racially gerrymander. Got it.😵💫
Bring on the AI. AI can come up with some small d democratic districting. The humans are just playing games here.
Wonder if us Ds in AL can use the non racial concept to sue saying we have no political representation? There are a lot of us. I kinda feel like our AL D party is desperately needing new leadership. The counties are holding in there but the state party is still corrupt.
Thank you, Joyce. I don't have much confidence in the Supreme Court as ii is currently constructed. I really wish Supreme Court justices were selected more on their understanding and interpretation of the Constitution than on their loyalty to any particular political party. The legal knowledge and experience of a justice is far more important than their religious, racial, ethnic biases.
"...the real issue is whether the Supreme Court is willing to protect the rights of voters."
Since the Rs are a minority party, the answer is likely, no.
Late hopeful evening to you Joyce: it does look grim but my question to you is: isn’t SCOTUS showing bias in these types of rulings. Seems so obvious even to me as a lay person. It’s right in front of our noses and what are we going to do about it that is fair and just? We must hit all facets of this monster tactic to cause all our votes not to be counted. Now is the time for solidarity even amidst the clamoring to quietly get in there and let all of them know that they can’t do that. Sheldon Whitehouse where are you. We need results now to stop this nonsense and hold all members of the Supremes accountable. Thanks Joyce for your unrelenting strength of purpose 🇺🇸🗽🗳️❤️