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voting rights
MAGA Supreme Court OKs GOP Overthrow of American Democracy
Disenfranching 40% of a state’s citizens cannot be reconciled with representative democracy.
May 14, 2026
Last week the Supreme Court gave a “two-fer” to white supremacists and proponents of Republican autocracy: First, six right-wing justices completed the erasure of the crowning achievement of the 1960s Civil Rights Movement, the Voting Rights Act. Second, in the same case, Louisiana v. Callais, the right-winger judges approved of states shaping legislative districts that deny the opposing party any role in government.
In essence, the Supreme Court OK'd the destruction of Congress as an instrument of American democracy.
The 15th Amendment to the Constitution was enacted and ratified five years after the Civil War. The amendment confirmed—in principle—that African-American citizens have the right to vote and to have their votes count.
So said the Constitution. But for almost a century the former Confederate states negated African Americans’ right to vote.
The GOP can achieve its desired result by calling their gerrymandering by another name. Racial gerrymandering, not okay. Partisan gerrymandering (which just happens to negate Black voting power), just fine.
The 15th Amendment also gave Congress the power to enforce its mandate. After years of struggle over civil rights—after peaceful demonstrators in Birmingham confronted snarling police dogs, mass arrests, and lethal bombing; after hundreds of nonviolent students worked for freedom in Mississippi in the face of murder, assaults, and the burning of Black churches; after peaceful marchers for voting rights returned to Selma after being clubbed by state troopers and ridden down by racist possemen—Congress tackled the white supremacist obstacles to African-American voting.
The Voting Rights Act of 1965 put an end to the myriad legal schemes that Southern white politicians had used to disenfranchise Black Americans and terminated the ploys used to deny African Americans a fair opportunity to elect representatives of their choice.
The outcome: Even as the segregationist white South moved to the Republican Party, African Americans gained substantial voting power and Black legislators were elected to Congress, state legislatures, and local government offices in meaningful numbers. The promise of the 15th Amendment, that all groups are entitled to a meaningful voting opportunity in a multiracial democracy, was mightily advanced.
But white supremacists and MAGA Republicans never accepted the new reality, so their right-wing agents on the Supreme Court finally throttled the Voting Rights Act for them. When the conservative justices threw out a congressional map that upheld Black voters’ right to have their votes count, they unleashed a new wave of state gerrymandering laws, enacted with extraordinary speed, and designed to make African-American voting futile.
To make things worse, the court justified its decision by affirming the power of states to deny meaningful representation to opposing party voters through gerrymandering.
As the right-wing justices explained, carving congressional districts for the purpose of denying representation to Black people may be forbidden (and good luck proving intent to discriminate, when Republican legislators don’t say so out loud). But doing precisely the same thing is fine when the stated purpose is denying representation to an opposing party’s voters.
Get that? The right-wingers of the United States Supreme Court say that judges must stand by and look, powerless to take action, if a state dominated by Republicans decides to manipulate congressional district maps to weaken or destroy the voting power of Democrats.
In practice it amounts to the same thing. The GOP can achieve its desired result by calling their gerrymandering by another name. Racial gerrymandering, not okay. Partisan gerrymandering (which just happens to negate Black voting power), just fine.
The GOP’s ultimate goal is the same either way: a Congress under MAGA Republican control regardless of voters. A nation in which African-American political influence is crushed.
What does this look like?
After the Supreme Court’s Callais decision, Tennessee’s Republican-controlled legislature promptly redrew its congressional maps. They sliced up the one district held by a Black Democrat, with the intended outcome that all nine of Tennessee’s representatives will be Republican.
One-third of Tennessee citizens voted for Democrats in 2024. This year that one-third of the population—including the Black voters of Memphis—are to have zero representation in Congress.
South Carolina has begun the same process and anticipates a similar result. Republicans now hold 6 of 7 House seats, and intend to eliminate the one Democrat.
Forty percent of South Carolinians voted Democratic in 2024, and will have zero representation in Congress following redistricting. The one-quarter of South Carolina’s population that are Black will have no district in which their political voice will be heard.
US President Donald Trump has pressed for a similar outcome wherever Republicans control state government. In bright red Indiana (but 38% Democratic), Trump seeks to zero out Democratic representation in Congress.
GOP redistricting is only marginally less extreme elsewhere. In Missouri, for example, 38% of “Show me” state voters are blue, and their representation will be reduced from two to one of the state’s eight congressional seats (12%).
We have separate district elections for Congress so that the range of local communities, with their different racial and ethnic populations, different beliefs, interests, and occupations can have a fair opportunity for representatives of their choosing. Disenfranchisement by gerrymandering thwarts that purpose.
Even more disturbing, Trump’s gerrymandering offensive seeks to flout majority rule by creating a voter-proof Republican Congress.
American voters are increasingly seeing through the failures and the fakery of Donald Trump’s presidency, the broken promises, the corruption, the incompetence, the cruelty. And voters see the price they are paying for Trump’s senseless grandiosity, from inflation to healthcare costs to measles, war, and climate change.
But through it all, congressional Republicans have remained Trump’s loyal, submissive toadies.
Voters will certainly make Republicans pay the price this fall. But Trump—with a big assist from MAGA Justices John Roberts, Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—hopes to keep his hold on Congress, voters be damned. If a solid majority of voters cannot shake a would-be totalitarian’s hold on power, what will be left of our constitutional democracy?
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The Redistricting Wars Prove History Doesn't Move in Just One Direction
Abandoning the solemn commitment America made to guarantee equal representation regardless of race is a grave threat to our system of governance. And the fact that the Supreme Court has done it to enable partisan gamesmanship offends that legacy.
May 13, 2026
The late 19th century was a dismal time in American politics. Corruption ran rampant. Congress was governed by staunch partisan loyalties and nail-biting majorities. And redistricting, instead of being confined to after the census every 10 years, was a tool of manipulation and partisan hardball. “From 1872 to 1896,” a political scientist reports, “at least one state redrew its congressional districts each year.”
Of course, that era was marred by another phenomenon—one too familiar to us today. It saw a swift rollback in voting rights and representation for the newly freed Black population of the South. In 1875, after the Civil War and the adoption of the 15th Amendment, seven Black men served in the House, and one sat as a senator. Terrorism, political cowardice, and racial backlash ended Reconstruction. By 1902, Congress was once again all white.
That status quo largely held until the civil rights movement of the mid-20th century, culminating in the Voting Rights Act of 1965. The law ushered in the multiracial democracy we have taken for granted.
Nearly two weeks ago, the Supreme Court supermajority finished its project of demolishing the law. The ruling in Louisiana v. Callais convulsed American politics. Since then, we have seen an ugly frenzy in Southern states, a brutal redrawing of district lines that could, as scholar Rick Hasen put it, “bleach the halls of Congress, state legislatures, and local bodies like city councils.”
Congress must act. It can ban partisan gerrymandering nationwide, in red states and blue states alike.
Since the ruling, Louisiana has gone back to the drawing board to erase one of its majority-Black districts, even though early voting had already begun in the primary election that was set for May 16. Preparations are underway in Alabama and Mississippi for redrawing their maps. Just last week, Florida passed a new map, which had been in motion in anticipation of a favorable Supreme Court ruling. In some states, as in Tennessee, Black voters could be left without any effective congressional representation.
Blue states, too, are scrambling to redraw maps to help their party, though their success remains to be seen. In a surprise ruling last week, a closely divided Virginia Supreme Court struck down the just-passed constitutional amendment that gave the legislature the power to redraw the state’s congressional map, which would have likely handed several seats to Democrats.
While gerrymandering remains unpopular among voters at large, among the activists whose votes tend to control primaries, party loyalty rules. In Indiana, for instance, several legislative challengers backed by President Donald Trump defeated most of the incumbents who refused to get on board with the Republican redistricting agenda.
Pundits who tally up the wins for each party may be missing the bigger point: Soon, state congressional delegations will begin to resemble the Electoral College—all red or all blue. Recall that Trump won 1 in every 3 votes cast in Massachusetts, while Kamala Harris won a similar share of the votes cast in Tennessee, yet both states will have monolithic party delegations.
What can be done?
The raw power grabs on display may be just the kind of thing to rouse voters to anger. Yes, midterm elections in November will turn on issues such as affordability and the war in Iran. But when people feel something being wrested away from them, they can fight back.
And Congress must act. It can ban partisan gerrymandering nationwide, in red states and blue states alike.
It should enact legislation to make clear that American citizens can sue to protect their right to vote when it is infringed. Legislation should give voters of color a meaningful opportunity to prove intentional discrimination, and it should make sure that judges apply strict scrutiny to laws that impinge on the franchise.
And Congress should recognize the danger of an unelected Supreme Court—highly ideological, appointed for life—taking a hammer to laws that uphold political equality. This past month reinforces the need for court reform, including an 18-year term limit for justices.
Want more proof of the political role the court has assumed? Alabama took, as Brennan Center senior fellow Joyce Vance put it, a “nanosecond” to rush to the justices for permission to gain the “benefit” of Callais, even though primary voting starts in a week. The justices quickly agreed, even though the state’s map had already been found intentionally racially discriminatory by a lower court, allowing the state to eliminate one of the two districts represented by Black lawmakers. This contravenes years of the high court’s assurances that rules should not change too close to an election. Calling balls and strikes? The fix seems to be in.
Alabama, of course, is where Selma is located. Its history is more complex than you might imagine. Here’s what I wrote in my book The Fight to Vote:
Alabama previously had one of the most democratically robust systems in the country, including universal male suffrage and a bar against gerrymandering. But its new Jim Crow constitution gave county registrars great discretion in barring African American voters. White men could vote without anyone attesting to their good character, but Black men required the recommendation of a white voter. As a result Black voting rates fell from 180,000 to fewer than 3,000 between 1900 and 1903.
History emphatically does not move only in one direction.
Abandoning the solemn commitment America made to guarantee equal representation regardless of race is a grave threat to our system of governance. And the fact that the Supreme Court has done it to enable partisan gamesmanship offends that legacy.
The Brennan Center was named after Justice William J. Brennan Jr., a leading force in the brief but celebrated period when the court actually moved to ensure equality in our election system. He authored the opinion in Baker v. Carr, which established the willingness of the court to enforce what would become the “one person, one vote” rule. He also wrote Thornburg v. Gingles, which set national standards so that voters of color could go to court and seek remedies when officials unfairly limited their opportunity to elect candidates to Congress. That American achievement is what the Supreme Court has so casually tossed away. It may be a long time before the court will once again play a positive role in our democracy.
The stakes are high. Brennan put it well: “The Constitution will endure as a vital charter of human liberty as long as there are those with the courage to defend it, the vision to interpret it, and the fidelity to live by it.”
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As SC GOP Fails to Advance Trump's Gerrymandering, Missouri Supreme Court Upholds Rigged Map
"MAGA loyalists are using every lever they control, from legislatures to courts, to rig the system and lock voters out of fair representation," said the National Democratic Redistricting Committee.
May 12, 2026
While five Republican South Carolina senators joined Democrats in blocking a GOP effort to advance President Donald Trump's national gerrymandering push in the state on Tuesday, the Missouri Supreme Court handed him a key win, approving a rigged congressional map forced through last year.
"MAGA loyalists are using every lever they control, from legislatures to courts, to rig the system and lock voters out of fair representation," said the National Democratic Redistricting Committee after Missouri's top court rejected multiple challenges to the map that targets the 5th Congressional District, currently represented by Democratic Rep. Emanuel Cleaver.
In one consolidated case, the court found that opponents of the map failed to show that it "clearly and undoubtedly violates the requirements of Article III, Section 45 of the Missouri Constitution."
Marina Jenkins, executive director of the National Redistricting Foundation, said in a statement that "the arguments in this case, which were presented before the Missouri Supreme Court just this morning, took less than an hour and elicited zero questions from the court for the lawyers for either the plaintiffs or defendants."
"While one might be inclined to hope that these justices managed to grapple with a highly complex, nuanced, and consequential issue in just six hours, it seems clear the justices were not interested in the day's proceedings and simply had their opinion already finalized even before this morning's argument," Jenkins continued. "With this decision, the Missouri Supreme Court has shown Missourians the lack of seriousness with which it takes cases that pertain to protecting their right to vote—a complete and dangerous abdication of the judiciary's role."
Another case stems from a political group that has collected signatures to force a referendum vote on the state's redistricting. The court found that the filing did not automatically suspend the map under the state constitution.
As KOMU reported Tuesday, People Not Politicians Missouri has submitted over 300,000 signatures to Secretary of State Denny Hoskins, but the Republican has not yet said whether his office will approve or reject its inclusion on the ballot.
"The secretary of state's own data confirms what more than 305,000 Missourians already made clear: This referendum is sufficient, and the people have a right to vote," Richard von Glahn, executive director of People Not Politicians Missouri, said in the statement after the state court's decisions on Tuesday.
"Today's ruling from the Supreme Court confirms this fact. A sufficient petition suspends the law the day it is turned in," he continued. "Unnecessary delays by politicians do not change this fact. If he continues to delay, then he is moving forward under a map that has been suspended by the people."
Missouri Republicans won’t stop trying to illegally rig our maps. We collected 305,968 signatures to put their rigged map to a vote of the people, and they still refuse to do their job.So my name is Laura, and I’m here to bully my government. #FairMaps #Missouri #moleg
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— Laura Burkhardt (@lauraannstl.bsky.social) May 12, 2026 at 12:04 PM
Meanwhile, in South Carolina—a state already known for Republican map-rigging—the state Senate voted 29-17, two votes short of the two-thirds majority needed to move forward on redistricting to help the GOP, despite Trump's public call to "GET IT DONE!"
Welcoming the result, the state's Senate Democrats said that it "sent a clear message that South Carolina should not be dragged into another unnecessary and divisive redistricting battle driven by Washington insiders."
"South Carolina rejected a politically motivated power grab orchestrated by a White House shaped by perpetually online New York City activists with little understanding of South Carolina," the Senate Democrats continued. "The people of this state expect us to focus on the real issues affecting their daily lives, not carry out an outside political agenda."
They pledged that "Senate Democrats will continue fighting for fair representation, transparency, and a government focused on the needs of South Carolina families rather than national political gamesmanship."
While the Republican-led Indiana state Senate similarly rejected a Trump-backed gerrymander last December, GOP legislators in Florida, North Carolina, Missouri, Tennessee, and Texas have caved to pressure from the president and enacted new maps ahead of November's midterm elections, in which Democrats hope to claim majorities in both chambers of Congress.
Tennessee's redistricting came after the right-wing US Supreme Court last month found that Louisiana's map was an "unconstitutional racial gerrymander" and gutted what remained of Section 2 of the Voting Rights Act. The nation's top court on Monday also paved a path for Alabama lawmakers to break up their state’s majority-Black district.
In response to GOP attacks on voting rights across the South, "All Roads Lead to the South," the No Kings coalition, community members, faith leaders, and other organizations are planning demonstrations at the Alabama State Capitol in Montgomery as well as Selma's Edmund Pettus Bridge on Saturday, May 16, with solidarity actions across the country.
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