Bench Memos

NRO’s home for judicial news and analysis.

Race & Alito


Abby Thernstrom is on the case (unfortunate it’s subscription-only in the WSJ). Here’s an excerpt:

Many of Judge Alito’s opponents profess to see intimations of racism in his memo. One New York Times story, for example, reported that the Warren Court’s reapportionment decisions stopped the creation of “uneven districts that dilute the representation of black voters.” But the charge of racism is absurd. Reynolds v. Sims, the most important decision, had nothing to do with race. That 1964 case involved districting in Alabama — a state in which less than 20% of eligible blacks had been allowed to register to vote. (The federal Voting Rights Act, enfranchising southern blacks, was passed a year later.)


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