Law & the Courts

New Challenge to P.C. Racial Gerrymandering

The indispensable law firm (who knew there could be such a thing?) Consovoy McCarthy Park filed an important lawsuit on Wednesday, challenging the constitutionality of the California Voting Rights Act. That statute requires in particular that race-based single-member districts be created and that they replace at-large systems if “racially polarized” voting exists; the complaint alleges that this violates the Fourteenth Amendment because such “race-based sorting of voters” does not serve a compelling government interest and is not narrowly tailored.

The lawsuit is important not just because it challenges an aggressive, identity-politics-uber-alles law in our nation’s largest state, but because the federal Voting Rights Act is frequently used to coerce racially gerrymandered districts as well. To be sure, the California law goes further than the federal law has (so far), and indeed was passed to circumvent limits put on racial gerrymandering by the U.S. Supreme Court. But a successful lawsuit here could have salutary effects in other states and at the federal level, too.

So kudos all around: to the law firm, to the plaintiff (a former mayor, Don Higginson), and to Ed Blum and the Project for Fair Representation, who acted as matchmaker for the two.

Most Popular

U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Religion

Billy Graham: Neither Prophet nor Theologian

Asked in 1972 if he believed in miracles, Billy Graham answered: Yes, Jesus performed some and there are many "miracles around us today, including television and airplanes." Graham was no theologian. Neither was he a prophet. Jesus said "a prophet hath no honor in his own country." Prophets take adversarial ... Read More
Film & TV

Why We Can’t Have Wakanda

SPOILERS AHEAD Black Panther is a really good movie that lives up to the hype in just about every way. Surely someone at Marvel Studios had an early doubt, reading the script and thinking: “Wait, we’re going to have hundreds of African warriors in brightly colored tribal garb, using ancient weapons, ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More