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Daunting structural obstacles will make it harder for voters to be heard during the upcoming midterms, and we can trace many of these back to the Supreme Court and its destructive rulings on democracy over the past two decades.
Will this be a “wave” election, sweeping new people into power? In some ways, it already is.
Due to retirements and primary defeats in safe districts, there will be 99 new members of Congress next year—and that’s before accounting for any seats that change party hands. A powerful anti-incumbent fervor pervades both parties.
Throughout history, there have been times when voters spoke loudly. The 1974 Watergate election, in which Democrats won 49 new seats. The 1994 “Republican Revolution” that made Newt Gingrich speaker after gaining 54 seats. The 2018 election, the first time voters rejected Donald Trump’s chaos. Polls do not suggest a swing of that magnitude. Democrats are lagging in popularity, even as voters recoil from Trump’s Republicans. But voter sentiment is not the only reason less may change than before.
Even if the Supreme Court does no further damage, it will have designed a dystopian political system where competition is scarce, billionaires dominate spending, and voters of color have little protection against abuse.
Daunting structural obstacles will make it harder for voters to be heard. We can trace many of these back to the Supreme Court and its destructive rulings on democracy over the past two decades. If the voice of voters is muffled this year, blame the Roberts Court.
To start, there are far too few competitive congressional districts. In 2019, in Rucho v. Common Cause, the Roberts Court refused to police gerrymandering. Then Louisiana v. Callais earlier this year finally demolished the Voting Rights Act and let Southern states eliminate seats held by Black lawmakers.
Political scientist Peter Miller of the Brennan Center for Justice explained it this way: “About 1 in 10 Americans are in a new US House district this year. Mid-decade redistricting in nine states ahead of the elections in November has scrambled the House elections (an 11th-hour attempt to redraw the map in Missouri was rejected by the US Supreme Court for the third and hopefully final time just last week). All of this effort to gerrymander the maps, however, may come to nothing as it is becoming clear that the two parties have fought the redistricting wars to a draw.”
But even amid electoral upheaval, nearly all seats are reliably Democratic or Republican. Political scientist Larry Sabato calculates there are only 21 competitive seats this year. The Cook Political Report counts 22 toss-up seats.
The Supreme Court has also demolished the laws that curbed big money in politics. Today big donors wield greater power than in memory. The top 20 donors have already spent $1.2 billion this year—all but two of them helping Republicans—and that figure is from before the start of the general election campaign. Elon Musk alone has already spent over $90 million. And while donors like Musk can be identified, much of this funding consists of “dark money,” where the identity of the donor is obscured.
It can all blur. But until 2010’s Citizens United and the cases that followed in lower courts, all this spending would have been flatly, explicitly illegal.
Then there are laws, big and small, by which states restrict the right to vote. The Supreme Court has not reversed a state voter suppression law this century. Shelby County v. Holder in 2013 first gutted the Voting Rights Act. Since then, our research shows, the turnout gap between white and nonwhite voters has grown all over the country. And it has grown at twice the rate in the places once covered by preclearance under the Voting Rights Act. That means hundreds of thousands fewer votes are expected this year than might have been the case otherwise.
Generally, the court has refrained from injecting itself into election contests. In 2020, after all, the justices refused to countenance Trump’s bid to overturn the election.
This year, the court’s record is mixed. Encouragingly, two weeks ago the justices upheld a ruling that blocked a Postal Service rule on mail voting. A different decision would have been a disaster, since 1 in 3 Americans votes with a mail ballot.
But on Friday, the justices let the administration use the “SAVE program.” This is a notoriously inaccurate and incomplete tool to verify citizenship status, which the Trump administration wants to use as a prod to purge voter rolls. The ruling will likely not affect this election. But this all augurs continued legal battles over voting in years to come, especially as the next presidential contest looms.
We want the justices, mostly, to stay out, and let state and local election officials do their work of protecting voters. At the same time, if politicians try to steal the election, crying “fraud” and “rigged,” we may need the Supreme Court to step up. Let’s hope it never faces that test.
The court’s term begins next Monday. It will hear major cases on the public funding of private religious schools, environmental laws, and more. Much of the most important work of the term has been done already with the emergency rulings on the “shadow docket” policing the elections.
But even if the Supreme Court does no further damage, it will have designed a dystopian political system where competition is scarce, billionaires dominate spending, and voters of color have little protection against abuse.
"We have said from the beginning, people, not politicians will be the final deciders on this DC power grab," said one campaigner. "We are moving forward to vote NO on Proposition A."
Although the US Supreme Court's right-wing supermajority on Friday greenlit President Donald Trump's voter purge database, it also helped deliver yet another blow to Missouri Republicans' push for a rigged congressional map.
"In 2022, the Missouri Legislature enacted a redistricting map for elections to the US House of Representatives. In 2025, the Missouri Legislature enacted a new map," says the high court's unsigned ruling. Like Republican legislators in other states, Missouri's lawmakers pursued the new districts in response to public pressure from the president.
"But under the Missouri Constitution as interpreted by the Supreme Court of Missouri, a new law such as the 2025 map does not take effect unless and until approved by voters in a referendum in the next election—at least where, as here, the number of voter signatures on the petition suffices to trigger a referendum," Friday's opinion explains.
Thus, on September 3, the document notes, "the Missouri Supreme Court ruled that the 2025 redistricting map 'is not the law and has never been the law' in Missouri—and will not take effect unless and until approved by Missouri voters by referendum in the 2026 election."
However, Missouri Republicans fought back. The following week, Justice Brett Kavanaugh—a Trump appointee and member of the court's right-wing supermajority—delivered the first blow to the 2025 map. Just days later, the full court agreed, again tossing the redrawn districts.
The high court reiterated its position for a third time on Friday, with no noted dissents: "In short, as a matter of state law, the 2022 map—not the 2025 map—must be used in the 2026 congressional election."
The justices also gave clear directions to the US District Court for the Eastern District of Missouri and the Court of Appeals for the 8th Circuit, stating that they "should not enjoin or otherwise prohibit the use of the 2022 map," and "should not order or otherwise require Missouri to use the 2025 map" in the November midterm elections.
Trump's Republican Party is trying to cling to control of both chambers of Congress in the face of the president's unpopular and illegal war on Iran, which has exacerbated the country's affordability crisis.
With early voting underway and Election Day less than six weeks away, the high court highlighted that "at this late date, ordering reversion to the 2025 map in the midst of an ongoing election would usher in electoral chaos."
Gov. Mike Kehoe—who last year called the special session to redraw the map and then signed House Bill 1—said that Friday's decision was "disappointing," but "nevertheless, Missouri will follow the court's order."
Meanwhile, Marina Jenkins, executive director of the National Redistricting Foundation, declared that "this victory is the final nail in the coffin of Missouri’s egregious mid-decade gerrymander for the 2026 midterms."
"Make no mistake: In the 2026 midterms, Missourians will not only vote on the Show Me State's 2022 congressional map, a map that keeps Kansas City together, but they will also have the opportunity to veto Republicans' egregious mid-decade gerrymander at the ballot box."
People Not Politicians Missouri, a campaign that has challenged the GOP map since it was passed a year ago and sought the latest intervention from the nation's top court, also welcomed its Friday decision.
"We are done with corrupt politicians trying to force their map into effect outside the process outlined in the Missouri Constitution," said the group's executive director, Richard von Glahn. "We have said from the beginning, people, not politicians will be the final deciders on this DC power grab. We are moving forward to vote NO on Proposition A."
Proposition A is the congressional map referendum. If enough voters oppose it, they can kill "the gerrymander that won't die," a map that targets the state's 5th Congressional District, currently held by Democratic US Rep. Emanuel Cleaver.
As The Associated Press reported Friday: "Cleaver was unopposed in the Democratic primary. Republican state Sen. Rick Brattin won a six-way Republican primary under the revised districts. They remain the candidates for the general election, even though the district boundaries have reverted to their prior lines."
Journalist Jamie Dupree called the Friday ruling a "loss for the GOP," adding that "the Missouri map will be 5R-2D instead of 6-1."
"Officials should stop wasting taxpayers' money on pointless legal action and instead focus on administering our elections," said the head of People Not Politicians Missouri.
Despite its right-wing supermajority, the US Supreme Court has twice struck down Missouri Republicans' rigged congressional districts for the November midterm elections, but after an appellate panel's Monday decision, the map fight is headed back to the justices.
Less than two weeks after the justices delivered their second blow to the Missouri GOP's gerrymandering effort with no noted dissents, a three-judge panel from the US Court of Appeals for the 8th Circuit ruled that the state's "current plan to use the 2022 map in the November 2026 general election violates the Constitution," and "only use of the 2025 map complies with the Constitution and federal law."
All three panel members were appointed by Republicans: Judge James Loken by former President George HW Bush, and Judges David Stras and Justin Smith by President Donald Trump. The Associated Press reported that "prior to his June appointment, Smith was an attorney who represented Trump as he unsuccessfully appealed a $5 million jury verdict in a lawsuit filed by the writer E. Jean Carroll to the US Supreme Court."
People Not Politicians Missouri, which has been battling the gerrymandering scheme since state lawmakers passed House Bill 1 during last September's special session, pledged to immediately file an emergency appeal with the nation's top court.
"Everyone is aligned on what is true. HB 1 is not the law and cannot be the law unless voters ratify it," said the campaign's executive director, Richard von Glahn, in a statement. "The Supreme Court of Missouri, the United States Supreme Court, the Missouri attorney general, Missouri secretary of state, and People Not Politicians all have agreed on this."
"Ballots have been printed, and Missourians have already voted," he stressed. "Thousands more will vote before this order seeks to take effect. Officials should stop wasting taxpayers' money on pointless legal action and instead focus on administering our elections. Missourians are already voting and will continue to vote no on Proposition A through November 3."
The 8th Circuit's decision also drew attention from beyond Missouri. Politico reporter Kyle Cheney said that "it's the gerrymander that won't die," while Democratic Texas Congressman Christian Menefee—whose state was the first to pass a new rigged map at Trump's request—declared that "this is outrageous."
"The Supreme Court already stepped in twice to block Missouri's rigged map," Menefee added. "Ballots are already in the mail. Now, at the eleventh hour, an appeals court is letting Missouri Republicans force that rigged map on voters anyway. All to erase a Kansas City district and silence Black and Brown voters. Catastrophic for confidence in our elections."
We can’t let vote deniers trash our elections, in Washington or in state capitols. Squalid moments like this one must be followed by reform and renewal.
Voters had a big win at the Supreme Court this week. What does it all mean?
On Monday, the court refused to allow the Postal Service to implement a new rule that would have curbed mail voting. But the one-paragraph ruling seemed to say more than “not yet.” The Trump administration, the justices ruled, was “unlikely to succeed on the merits.”
This was great news for the millions of citizens who rely on mail voting, the method now used by 1 in 3 voters. It was utterly bonkers that the White House tried to exert control over the election system. That’s illegal, a fact now confirmed over and over. The Brennan Center was proud to be part of the legal team representing voters before the Supreme Court.
We must never, ever get used to the idea that the president of the United States routinely denigrates our democracy. We should not have to wait with bated breath to see whether the Supreme Court will do the right thing.
President Donald Trump’s drive to undermine the election is failing. Time and again, his moves have been parried or blocked.
Voters, the coast is clear. You can vote with confidence. It’s five weeks until Election Day. Make a plan. Vote early in person. Vote as early as possible via the US Postal Service (USPS). Vote via a drop box. Vote on Election Day. Make your voice heard.
Yes, let’s exhale. But also let’s not lose sight of some bigger lessons.
Trump has not given up on trying to mess up and undermine the election. Repeatedly, courts have had to step in to protect the rule of law, blocking the executive order that mandated the USPS rule, the order before that, and very possibly whatever comes next. Whistleblowers keep popping up to reveal new depredations, such as the violations of state law by the Department of Homeland Security that were uncovered this week.
Just know that voting rights groups, state and local governments, election officials, and judges around the country have your back.
Then there’s the Supreme Court. It did the right thing here. But the situation should not have been this hard. This court helped create the chaos and confusion three weeks ago when it allowed Trump’s mail ballot plan to go forward.
And this whole election takes place in a political system transformed by the Roberts Court. A flood of billionaire funding and dark money thanks to Citizens United and other rulings. Frenzied gerrymandering. And, all too often, a green light for voter suppression. It has been two decades since the Supreme Court blocked a state from enacting a restrictive voting law. After the Louisiana v. Callais ruling in April that demolished what was left of the Voting Rights Act, Southern states rapidly redrew congressional maps to eliminate districts where Black voters had a fair chance to elect candidates who represented them. Expect more fights about district maps next year.
As for the states, there is some good news: In the recent mail balloting case, 24 state attorneys general filed litigation. Opposition to USPS’ antics did not fall strictly along party lines, with seven Republican-led states separately telling the court that Trump’s plan to disrupt the existing system was unworkable. That’s all encouraging.
But far too many states are colluding in efforts to take rights from their own citizens. In numerous states, our research shows, voters will go to the polls with restrictions put in place since 2024. Unscrupulous politicians have free rein to concoct new restrictive rules.
All this adds up to an argument for strong new national laws to ensure this doesn’t happen again. I’m done with trench warfare on voting. We can’t let vote deniers trash our elections, in Washington or in state capitols. Squalid moments like this one must be followed by reform and renewal.
On Wednesday the Brennan Center released Eight Solutions to Protect Voting Rights and Improve Representation, the most recent in a series of papers laying out solutions to our most pressing issues. Already we have published proposals on political corruption, Supreme Court reform, and congressional reform. This new raft of proposed actions would respond to the assaults on voting and representation still underway.
Congress can pass a national law, for example, banning partisan gerrymandering and barring mid-decade redistricting. That would significantly bolster competition and representation across the country, applying to red states and blue states alike. And it would eliminate the Supreme Court’s ridiculous rule in Callais that partisanship serves as an excuse for states drawing racially discriminatory maps.
What about the freedom to vote in the wake of the court’s other damaging decisions? Citizens should be able to defend their own voting rights in court when they are impinged upon. Surprisingly, no such law exists assuring access to the courts today. With the Voting Rights Act smashed to bits, an even broader statute would give voters the ability to protect themselves. Voters who have suffered racial discrimination should not face court-imposed barriers to vindicating their rights.
We also need national standards to ensure that citizens everywhere can vote by mail, vote early, be automatically registered, and take advantage of the myriad ways we have improved access. We should expand the size of the House of Representatives, a change conservative scholar Yuval Levin and others have urged, to widen representation. And it’s past time to admit the District of Columbia and Puerto Rico as states, as their citizens have repeatedly supported. And more.
Believe it or not, Congress has the power to do all these things. Yes, gridlocked, polarized, much-maligned Congress. The branch of government closest to the people should take the lead in restoring power to the people.
We must never, ever get used to the idea that the president of the United States routinely denigrates our democracy. We should not have to wait with bated breath to see whether the Supreme Court will do the right thing.
The law is clear: States run elections. But the Constitution gives Congress a role, too: It can pass national legislation. It should use that explicitly granted power to do what it has at other times, to lift the floor under voters and ensure protections. When it comes to voting rights, presidents should stay out. Congress should jump in.
"The Missouri Supreme Court should throw the secretary of state in jail if this extremist continues to defy the law and multiple court orders," said US House Minority Leader Hakeem Jeffries.
Democracy defenders in Missouri and across the United States celebrated on Thursday after the US Supreme Court delivered its second blow to President Donald Trump's gerrymandering quest in as many days, tossing out the state GOP's desired congressional map.
The order had no noted dissents, despite the court's right-wing supermajority, which includes three Trump appointees. Among them is Justice Brett Kavanaugh, who had rejected the GOP's emergency effort to uphold the map on Tuesday evening, as US District Judge Stephen Clark, another appointee of the president, said that Missouri can't revert to its old map for the November midterms.
The high court's new order appears to allow the state to use the old map for the upcoming elections, in which Trump's Republican Party is trying to hold on to its narrow majorities in both chambers of Congress amid widespread voter dissatisfaction with an affordability crisis fueled by the president's tariff regime and illegal war on Iran.
On the heels of the Texas GOP's map-rigging effort last year, Missouri Republicans targeted the 5th Congressional District—currently held by Rep. Emanuel Cleaver (D), who has joined hundreds of thousands of state voters in opposing the new political lines.
Cleaver called Thursday's decision "a win for justice. A win for democracy. A win for the people of Missouri."
"It is my hope that state officials will start following court orders and end this shameful attempt to break Missouri law and silence Missouri voters," he said.
Opposition to the map has been spearheaded by the nonpartisan coalition People Not Politicians Missouri, whose executive director, Richard von Glahn, declared Thursday that "the law is the law, the Missouri Constitution is clear, as was the Missouri Supreme Court."
"Over 305,000 Missouri voters—Republicans, Democrats, and Independents—took action to block this political power grab last fall. People, not politicians, will have the final say when they vote NO on Proposition A this November," he continued, referring to a veto referendum on the GOP's map.
Von Glahn also took aim at Missouri's Republican secretary of state, Denny Hoskins, who faces a contempt hearing at the state's top court, saying that he "has shown that he cannot effectively do the job he was elected to do—administer elections."
"First he refused to certify a referendum the Missouri Supreme Court unanimously said he had no legal basis to block," Von Glahn explained. "Then, even after that court barred the 2025 map outright, he told local election officials to use it anyway, leaving election clerks scrambling with early voting two weeks away. That isn't leadership, it's chaos of his own making, and it's why he's now facing a contempt hearing in front of the very court whose order he chose to defy."
"Missourians don't need a secretary of state who manufactures confusion; they need one who follows the law," he added. "Denny Hoskins has had every chance to do that and chose not to. The courts have settled this, now it's up to Missouri voters to finish the job and vote NO on Proposition A."
US House Minority Leader Hakeem Jeffries (D-NY) also called out Hoskins after the Thursday decision, suggesting on social media that "the Missouri Supreme Court should throw the secretary of state in jail if this extremist continues to defy the law and multiple court orders."
"You lost," he said. "The people of Missouri have won. It's over."
The Missouri Supreme Court on Thursday found that Hoskins was in contempt of court for defying an order blocking the new map, but also that he is now in compliance because he directed the use of the 2022 districts.
This article has been updated with comment from US Rep. Emanuel Cleaver (D-Mo.) and Adam Cochran, and with the Missouri Supreme Court's decision.
"Over 305,000 Missouri voters, Republicans, Democrats, and Independents, took action to block this political power grab last fall."
A high-stakes legal fight over Missouri's congressional map was engulfed in chaos late Tuesday after the US Supreme Court and a lower federal court issued conflicting decisions on whether the state can use aggressively gerrymandered district lines that Republicans drew last year at the behest of President Donald Trump.
US Supreme Court Justice Brett Kavanaugh, a Trump nominee, issued an order rejecting Missouri's emergency effort to uphold the GOP-drawn map, which was used during the state's primary but has faced challenges from advocacy organizations and voters who say it is an "unconstitutional power grab." But in a parallel case, Trump-appointed District Judge Stephen Clark ruled that Missouri cannot revert to its old maps for the November midterms, a win for state Republicans who sued to keep the gerrymandered districts in place.
"Missourians deserve better than this Republican chaos. Plain and simple," the Missouri Democratic Party said in response to the court rulings. Clark's decision has been appealed to the 8th Circuit.
Late last year, more than 300,000 Missouri voters signed a petition aimed at forcing a November ballot referendum on the new gerrymandered map, which carved up the Kansas City district of Democratic Rep. Emanuel Cleaver. Missouri's Republican Secretary of State Denny Hoskins refused to add the referendum to the ballot, but the Missouri Supreme Court ruled last week that the referendum push was legal, retroactively freezing the new maps until voters get a say in November.
"Here's what we know right now: The referendum where voters get to decide the fate of this map IS on your ballot," said local reporter Mark Maxwell. "What we still don't know for sure: which district you vote in. Watch the appeals court tonight/tomorrow."
Richard von Glahn, executive director of People Not Politicians Missouri, said in a statement late Tuesday that "the Missouri constitution is clear, as was the Missouri Supreme Court."
"Over 305,000 Missouri voters, Republicans, Democrats, and Independents, took action to block this political power grab last fall," he added.
People Not Politicians, which sponsored the referendum petition, "filed a request Tuesday night with the state Supreme Court to hold Hoskins in contempt for attempting to use the new map," The Associated Press reported.
"An individual federal judge cannot overrule the Missouri Supreme Court,” attorney Chuck Hatfield, who represents People Not Politicians, told AP.
In his confirmation hearing, Roberts told the Senate he would call only “balls and strikes, and not to pitch or bat.” He then proceeded to dismantle the Voting Rights Act.
There is no bigger con man in the United States than Supreme Court Chief Justice John Roberts. Not even President Donald J. Trump.
The con began in September 2005, during Roberts’s confirmation hearing before the Senate Judiciary Committee. Articulate, handsome, and energetic at 50 years old, Roberts seemed to have been culled “straight from central casting,” as Republican Sen. Jeff Sessions of Alabama actually remarked on the first day of the hearings. Roberts was also convincing—he famously promised that if confirmed, he would serve in the fashion of a baseball umpire, calling only “balls and strikes, and not to pitch or bat.” Seventy-eight senators, including 22 Democrats, fell for the ploy and voted to give him the lifetime assignment.
The biggest yarn Roberts told during his hearing concerned his views on the Voting Rights Act of 1965 (VRA), a cornerstone of American democracy, which the Supreme Court gutted this past April in a redistricting case from the state of Louisiana (Louisiana v. Callais).
As is his prerogative as chief justice, Roberts assigned the task of drafting the Callais majority opinion to fellow conservative Justice Samuel Alito, who responded with a 6 to 3 ruling that held that, henceforth, Section 2 of the landmark legislation would require VRA plaintiffs to meet the nearly impossible burden of proving that redistricting maps challenged as “racial gerrymanders” were created with discriminatory intent rather than for permissible political purposes. The opinion allowed Louisiana to eliminate one majority Black congressional district. It also effectively negated legislation passed in 1982 that had amended Section 2 to permit the Justice Department and private citizens to challenge election laws that have the effect of diluting minority voting power without proving intent.
The court’s accelerating lurch to the right under his stewardship has done permanent damage to the institution, and sparked renewed calls for radical reforms.
Flash back to 2005 and it is apparent that, at best, Roberts misled the judiciary committee. In response to a question from Massachusetts Democratic Sen. Ted Kennedy about the VRA’s constitutionality, Roberts replied, “[T]he existing Voting Rights Act—the constitutionality has been upheld. And I don’t have any issue with that.”
In fact, Roberts had plenty of issues with the VRA. As a young lawyer serving as a special assistant to Attorney General William French Smith in the Reagan administration, Roberts authored upward of 25 memos opposing the 1982 legislation. In them, Roberts urged the administration to defeat any proposed changes to the VRA and to keep the “intent test” established by a 1980 Supreme Court decision (City of Mobile v. Bolden) that required VRA plaintiffs to prove officials explicitly intended to discriminate against minority voters. Adopting the effects test over the intent test, Roberts argued, would create “a quota system [akin to affirmative action] for electoral politics by creating a right to proportional racial representation on elected governmental bodies.”
In another exchange at his confirmation hearing, this time with Wisconsin Democratic Sen. Russ Feingold, Roberts sought to explain away his memos as just part of the job he had been assigned at the time rather than a reflection of his personal views, saying, “I was a 26-year-old staff lawyer. It was my first job as a lawyer after my clerkships [with Second Circuit Judge Fred Friendly and Supreme Court Chief Justice William Rehnquist]. I was not shaping administration policy. The administration policy was shaped by the Attorney General... It was the policy of President Reagan. It was to extend the Voting Rights Act without change.”
Despite young Roberts’s warnings, the 1982 amendments were passed by Congress with overwhelming bipartisan support by a vote of 389 to 24 in the House and 85 to 8 in the Senate. President Ronald Reagan quickly reversed course and signed the amendments into law on June 29, 1982. In 2006, Congress extended the VRA for another 25 years with even greater bipartisan support, by a vote of 390 to 33 in the House and 98 to 0 in the Senate.
Once installed as the nation’s 17th chief justice, it didn’t take Roberts long to show his true colors, declaring in a 2007 majority opinion on busing in public schools (Parents Involved in Community Schools v. Seattle School District Number One) that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
Two years later, in an otherwise obscure case (Northwest Austin Municipal Utility District Number One v. Holder) involving the elected board of a municipal water district in Texas, he turned his attention to Sections 4 and 5 of the VRA, which required state and local jurisdictions, mostly in the South, with histories of egregious voter discrimination, to obtain advance federal approval—known as “preclearance”—before making changes to their election procedures. Although his opinion left the sections intact, Roberts warned that unless Congress updated the formula to determine which jurisdictions should be subject to the preclearance process, the Supreme Court might stop the process altogether.
In 2013, he made good on that threat. Writing for a 5 to 4 majority in Shelby County v. Holder, he invalidated the preclearance formula and effectively put an end to the process, reasoning that racism in American elections was a thing of the past and there was no longer any justification for singling out Southern states for remedial measures. Shelby led swiftly to an upsurge in restrictive voter ID laws, voting-roll purges, and limitations on mail-in balloting in Republican-led states across the country, especially in the South.
Although Roberts also declared in Shelby that Section 2 of the VRA “is permanent, [and] applies nationwide,” he returned to the attack with his 2019 majority opinion in Rucho v. Common Cause, holding that “political gerrymandering” claims cannot be brought in federal courts because they present nonjusticiable “political questions.” Political gerrymandering has a long history in the United States, Roberts noted, dating back to the salamander-shaped voting districts created by Massachusetts Gov. Elbridge Gerry in 1812 to give an advantage to his Democratic-Republican Party. “The Constitution,” Roberts argued in Rucho, “supplies no objective measure for assessing whether a districting map treats a political party fairly” and thus provides no basis for proportional political representation. Lacking objective standards to work with, he concluded, the federal courts had no business entering the redistricting wars.
Rucho, in turn, set the stage for Callais in 2026, which put an end to claims of racial gerrymandering, the last bastion of relief from discrimination available under the VRA. Callais gave red states permission to redesign their electoral maps to eliminate “majority-minority districts” (where a minority group comprises a majority of the population) that had been created to boost the electoral power of Black and Latine voters, who tend to lean Democratic. Election law predicts that as a result of Callais, as many as 19 seats in Tennessee, Alabama, Mississippi, South Carolina, Florida, and Louisiana could be eliminated, starting with the November midterms, potentially returning the bulk of the former states of the Confederacy to virtual one-party rule.
As The Nation’s justice correspondent Elie Mystal put it in a mournful post-Callais column, “The ruling effectively ends the VRA, and with it the all too brief era of multiracial democracy in America.” And as Ari Berman added in a piece for Mother Jones, Callais may have been written by Alito, but it “represents the life’s work of Chief Justice John Roberts... [who] has been trying to kill the Voting Rights Act for more than 40 years.”

The severe negative reaction to Callais forced Roberts to do damage control. Addressing a judicial conference in Hershey, Pennsylvania, in early May, he said: “I think at a very basic level, people think we’re making policy decisions, [that] we’re saying we think this is what things should be as opposed to this is what the law provides... I think they view us as truly political actors, which I don’t think is an accurate understanding of what we do. I would say that’s the main difficulty... We’re not simply part of the political process.”
The problem for Roberts is that his shtick just isn’t working anymore. Any lingering pretense of impartiality ended with his stunning majority opinion in 2024’s Trump v. United States, which offered the president near-complete immunity from criminal prosecution for his official acts. In addition to shielding Trump from legal accountability, the immunity ruling embraced the Reagan-era “unitary executive theory,” which posits that all executive power is concentrated in the person of the president, as a settled principle of constitutional law.
The unitary theory was on full display again in late-June opinions this term on immigration and independent agencies. In Trump v. Slaughter, another 6 to 3 majority opinion written by Roberts involving the firing of a Federal Trade Commissioner, the court overturned a federal law that bars the president from firing members of the independent agencies created by Congress without just cause. In the process, Roberts overruled a precedent decision that had stood since 1935 (Humphrey’s Executor v. United States), which had upheld the contested statute.
In rulings on the immigration cases, both written by Alito and resolved 6 to 3 along party lines, the court upheld the administration’s termination of temporary protected status (TPS) for an estimated 350,000 Haitian and 6,000 Syrian nationals who were allowed to come to the United States to avoid persecution (Mullin v. Doe), and authorized the administration to revive Trump’s first-term policy denying asylum-seekers the right to enter the country before reaching the US-Mexico border (Mullin v. Al Otro Lado).
The immigration decisions sparked uncommonly vitriolic dissents from the court’s three liberal Justices, exposing deepening fissures on the bench. In the asylum case, Justice Sonia Sotomayor blasted the majority, writing: “The consequences of today’s decision are predictable. More people will die. More people will attempt to cross the border illegally, and some will make it while others will not.” In the TPS case, Justice Elena Kagan all but accused the majority of enabling Trump’s racism, citing the president’s public statements accusing Haitian refugees of “eating” cats and dogs, “poisoning the blood,” and saying they come from a “shithole country” and “probably have AIDS.”
The court’s racial bias was also evident in its “shadow docket,” the term given to emergency appeals that come before the court outside of its standard “merits” docket and are typically resolved rapidly without full briefing and on an interim basis while litigation proceeds in lower courts. In one particularly egregious ruling (Noem v. Perdomo), the Court permitted immigration agents to detain suspected undocumented immigrants on the basis of race, ethnicity, language, location, and occupation, green-lighting unbridled racial profiling.
The shadow docket also included an emergency order permitting Alabama to reinstate a congressional map that eliminates a Black-majority district that the court had invalidated under the VRA just three years ago.
Even in the handful of major decisions the Trump administration lost this term, the cases were narrowly framed. In Learning Resources, Inc. v. Trump, with Roberts writing for a 6 to 3 majority, the court invalidated Trump’s worldwide “liberation day” tariffs under the International Emergency Economic Powers Act, but left the door open for more targeted duties under different statutes. Similarly, in Trump v. Cook, with Roberts writing for a 5 to 4 majority, the court temporarily barred Trump from firing a member of the Federal Reserve Board of Governors while her lower-court challenges continue.
Continuing the trend, with Justice Amy Coney Barrett writing for a 5 to 4 majority in Watson v. Republican National Committee, the court held that existing federal election laws do not prevent Mississippi, and by extension other states, from counting absentee ballots postmarked by election day but received up to five days thereafter. Barrett, however, very carefully noted that her opinion did “not consider the scope of Congress’ authority to regulate federal elections” through legislation, possibly a covert nod to the Safeguard American Voter Eligibility (SAVE) Act that Trump has insisted Congress pass, which would outlaw nearly all mail-in voting.
The same is true for the court’s much-anticipated decision in Trump v. Barbara, on Trump’s Executive Order declaring an end to birthright citizenship under the 14th Amendment for the children of undocumented people. In years past, the court would have unanimously rejected Trump’s gambit. Instead, in a 5 to 4 opinion written by Roberts and joined by Barrett, the order was barely rebuffed for violating the text and history of the amendment.
Roberts may have gained a small measure of redemption with his Barbara opinion, but the court’s accelerating lurch to the right under his stewardship has done permanent damage to the institution, and sparked renewed calls for radical reforms, including the imposition of term limits for the justices and, most far-reaching of all, for an expansion of the bench to as many as 13 members.
To accomplish any significant reforms, however, will require Democrats to stiffen their spines and to take back both houses of Congress later this year and the presidency in 2028. In the meantime, we can take heart that the long con Roberts started in 2005 has been exposed for all to see. And we can heed the call of New York Times columnist Jamelle Bouie to remind ourselves that Roberts and his GOP confederates do not own the future of the Constitution. We do.
"Exactly 61 years from the signing of the Voting Rights Act, we won our primary despite a redistricting blow that cracked Memphis' representation in Congress."
Justin Pearson, a Tennessee state representative who rose to national prominence for his role in gun control and voting rights protests, won the Democratic primary on Thursday for a US House seat in Tennessee's 9th Congressional District, which Republican lawmakers dismantled earlier this year as part of a broader gerrymandering effort.
In his election night speech, Pearson called GOP redistricting—enabled by a recent US Supreme Court ruling that gutted the Voting Rights Act's protections against racial discrimination—an "attempt to keep people like us out of power." The 9th Congressional District was previously Tennessee's lone majority-Black district, but state Republicans broke it apart earlier this year following the Supreme Court's decision in Louisiana v. Callais.
"Exactly 61 years from the signing of the Voting Rights Act, we won our primary despite a redistricting blow that cracked Memphis' representation in Congress, attacks on our community from Elon Musk and his toxic data centers, and attempts to divide us," said Pearson, who ran on a platform that includes Medicare for All, a minimum wage increase, higher taxes on the rich, and universal rent caps. Pearson won nearly 66% of the vote in Thursday's primary.
Pearson will now face Tennessee state Sen. Brent Taylor, who was endorsed by President Donald Trump, in the general election. The 9th district "previously favored Democrats but now tilts Republican, with 71% of voters new to the district," according to The Associated Press.
“Tonight, on the 61st anniversary of the Voting Rights Act, tens of thousands of voters across Tennessee’s newly drawn 9th congressional district showed up in the face of racial gerrymandering to demand a better future and advance a real fighter: Justin J. Pearson," Britney Whaley, southeast regional director of the Working Families Party, said in a statement late Thursday.
"While Republicans and billionaires try to drag Tennessee and the South back into the past with regressive policies, wrongful power grabs, and inaction in the face of mass suffering, the Working Families Party is proud to fight forward alongside Justin J. Pearson to build a future that centers America’s growing multiracial working class," said Whaley. "A future where well-paying jobs are guaranteed and basic necessities are affordable. A future where our communities are safe from pollution and gun violence. A future where access to healthcare is a right for all, not a privilege for the fortunate few. A future where the needs of the people are prioritized over the interests of greedy corporations. A future where the promise of a fair democracy is finally fulfilled."
Pearson's primary victory came over three years after Tennessee Republicans expelled him from the state House of Representatives for leading protests in support of gun control following a deadly school shooting in Nashville. Pearson was later reinstated and subsequently won a special election by a huge margin.
Earlier this year, Pearson joined protests against Tennessee Republicans' adoption of an aggressively gerrymandered congressional map.
"This is what evil looks like," Pearson said at the time.
"Justin would be one of Congress' strongest voices protecting communities from Big Oil's pollution and climate disasters, while championing a just transition to affordable renewable energy."
A week away from Tennessee's Democratic primary, a coalition of national advocacy groups endorsed Justin Pearson, who is running to represent the state's 9th Congressional District in the US House of Representatives.
"Tennesseans deserve a champion who will stand up to corporate polluters and fight to ensure every community has a voice in shaping its future," said Brett Hartl, national political director at the Center for Biological Diversity Action Fund. "Justin Pearson understands that strong environmental protections depend on a healthy democracy where people, not powerful special interests, hold the power to protect their communities and natural heritage."
In addition to Hartl's group, Climate Hawks Vote, Food & Water Action, Friends of the Earth Action, GrayPAC, Jane Fonda Climate PAC, Oil Change Action, and US Mobilizing for Urgent Sustainable Transformation all endorsed Pearson, who currently represents the 86th District in the Tennessee House of Representatives.
Friends of the Earth Action president Erich Pica argued that "in Congress, Justin Pearson will serve Tennessee's 9th Congressional District with integrity, devotion, and hope, at a time when this country needs all three."
"He will fight to build the green economy, securing not only jobs but also a livable world for our children and grandchildren," Pica continued. "He will work to ensure that everyone has access to healthcare, affordable housing, and clean air and clean water. He will lead on the climate crisis while others barely talk about it."
Pearson previously garnered national attention in April 2023 when he and state Rep. Justin Jones (D-52) were expelled from the GOP-controlled Tennessee House for protesting against gun violence; both ultimately won back their seats.
Since Pearson launched his campaign for Congress, demanding not only stricter gun laws but also a higher minimum wage, climate justice, affordable housing, Medicare for All, protections for immigrants, and an end to spending taxpayer dollars on war, he has picked up support from progressive organizations and leaders, including Sen. Bernie Sanders (I-Vt.) and Democratic Reps. Maxwell Frost (Fla.), Ro Khanna (Calif.), Summer Lee (Pa.), Alexandria Ocasio-Cortez (NY), Ayanna Pressley (Mass.), Delia Ramirez (Ill.), and Rashida Tlaib (Mich.).
Sanders and Ocasio-Cortez introduced the Artificial Intelligence Data Center Moratorium Act in March, and earlier this month, Pearson joined AOC, Lee, and Pressley in southwest Memphis, near a data center owned by billionaire Elon Musk's SpaceXAI and used by Anthropic. As with other communities across the country that are home to such facilities, locals are concerned about air pollution and water use.
"Justin Pearson is the kind of leader that is sorely needed in Washington. He is a genuine champion for working families, for civil rights, and for environmental justice," Thomas Meyer, deputy political director at Food & Water Action, said Thursday. "Justin's principled stand against corporate polluters, from oil and gas pipelines to Elon Musk's data center, shows that he isn't afraid to take on difficult and important fights."
💥 We’re proud to endorse Justin Pearson, a data center fighter + voting rights champ running for Congress in TN. As an organizer + state rep, Justin fought to protect his community from polluting fossil fuel projects, including an X/AI data center. Now, he's ready to take that fight to Congress.
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— Oil Change Action (@oilchangeaction.org) July 30, 2026 at 11:00 AM
The fight for the seat Pearson hopes to hold has been a key factor in Democrats' efforts to reclaim control of Congress and Republicans' attempts to keep their slim majorities, including by redrawing political maps to favor the GOP, at the command of President Donald Trump.
After the US Supreme Court's right-wing supermajority issued an April ruling that further gutted the Voting Rights Act, Tennessee Republicans "rushed to be the first to shamelessly capitalize on it," targeting the state's only majority-Black district, where Pearson is running. Despite a swiftly filed legal challenge, a three-judge panel recently allowed the rigged map to stand.
Climate Hawks Vote political director RL Miller declared Thursday that "the way we fight back against Republican gerrymandering of states like Tennessee is by electing voting rights champions."
"The way we fight back against polluters is by electing environmental justice champions," Miller said. "Justin Pearson stands for everything that matters in American politics right now, and Climate Hawks Vote is thrilled to endorse him."
In addition to highlighting his fight against the recent map rigging, Allie Rosenbluth, campaign manager at Oil Change Action, stressed that Pearson does not accept fossil fuel money or contributions from corporate political action committees.
"We are proud to endorse Justin Pearson, who has spent his career fighting for racial, economic, and environmental justice," she said. "He doesn't back down in the face of entrenched interests' efforts to suppress working people's political power, like Republicans' racist redrawing of his district. If elected, Justin would be one of Congress' strongest voices protecting communities from Big Oil’s pollution and climate disasters, while championing a just transition to affordable renewable energy."
"Today, thanks to the people showing up and showing out, we won. Racist, rigged maps are dead for now."
Democrats in Georgia are celebrating as Republicans in the state abandoned efforts to redraw congressional maps that would have taken effect in 2028.
Eight Georgia Republicans, including Speaker of the House Jon Burns, sent a letter to Gov. Brian Kemp on Wednesday informing him that they would not be going through with his request to enact redistricting ahead of the 2028 election cycle.
"Changes to Georgia's maps should take place only when members of the General Assembly and citizens have been given ample opportunity to gather the facts, provide input, and engage in meaningful discussion," the letter states. "For this reason, we will not be taking up congressional or legislative redistricting for the 2028 election cycle during this special session."
However, there is still a chance that Georgia Republicans could ram through new maps later this year. According to Democracy Docket, Kemp "could still call another special session later this year—and if Republicans lose the midterms, they could try to lock in a 2028 advantage by passing new maps before Kemp leaves office next year."
Democrats in the state nonetheless celebrated Republicans' decision to shelve Kemp's redistricting plan.
In a joint statement, Georgia Senate Minority Leader Harold Jones II and House Minority Leader Carolyn Hugley called on supporters to celebrate "a monumental civil rights victory."
"Republicans thought they could get away with drawing racist, rigged maps without a fight," they said. "Today, thanks to the people showing up and showing out, we won. Racist, rigged maps are dead for now."
Sen. Raphael Warnock (D-Ga.) praised the work of activists who protested against the redistricting plan earlier in the day, putting pressure on Republicans to drop it.
"Hours after I visited the State Capitol with thousands of Georgians, Georgia House Republicans announced they are backing down from gerrymandering our maps, potentially giving them two extra seats," wrote Warnock.
“John Lewis never backed down from getting into good trouble and I won’t either," he added, referring to the late civil rights icon and Democratic member of Congress.
Trump last year sparked an unprecedented mid-decade redistricting battle when he pushed Texas to redraw its congressional map to gain extra Republican seats, and GOP-led states including North Carolina, Missouri, and Florida have since followed suit.