Sam Lowry said:
Redbrickbear said:
Sam Lowry said:
A shameful decision which effectively removes all restraints from both racial and partisan gerrymandering. Justice Kagan's dissent is in top form.
This is what it looks like when "conservatives" legislate from the bench.
It's not "legislating from the bench" to rule on what the Constitution actually says…
The U.S. Constitution gives the power of congressional district drawing to the States.
(technically the Federal Government does not have any more powers that what the States have granted to it in the written Constitution…listed and limited)
There is not some magic rule in the Constitution that allows racial districts to forced on the States.
This was a VRA case. Congress wrote the law, and the Court rewrote it.
The VRA is not a part of our Constitution
No civil right law trumps or supersedes the actual Constitution of the United States.
PS
The Supreme Court did not even "rewrite" the Voting rights act.
It simply applied stricter legal tests to determine compliance
[The Court has narrowed the law's reach by changing the legal tests used in federal courts…
Shift to "Intentional" Discrimination:
In Louisiana v. Callais, the Court established that Section 2 of the VRA primarily prohibits intentional racial discrimination. Previously, plaintiffs only had to show that a map or law had a discriminatory effect (known as the "results test").
Proof of "Race vs. Politics":
The Court now requires plaintiffs to "disentangle" race from partisanship. If a state claims its map was drawn for partisan advantage rather than racial reasons, the VRA may no longer apply..]
That's changing legal tests applied to a law in Federal Courts
The law is not "rewritten" at all.
It's text still stands