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What the infamous segregationist from Alabama could not accomplish with violence, the US Supreme Court Justice has accomplished with a pen.
George Wallace was sworn in as Governor of Alabama in 1963 and famously declared in his inauguration speech (written by a Ku Klux Klan leader) "segregation now, segregation tomorrow, segregation forever." Two years later, Alabama state troopers violently broke up a nighttime voting rights march during which a police officer shot and killed young African American protester and Baptist deacon Jimmie Lee Jackson who was unarmed and protecting his mother.
In response, civil rights leaders, including Martin Luther King and John Lewis, organized a mass march from Selma to Montgomery over the Edmund Pettus Bridge in an attempt to deliver a civil rights and voting rights message to Gov. Wallace. It became known as "Bloody Sunday" as state troopers gassed and beat the protestors, including fracturing Lewis' skull and sending 57 others to the hospital. Televised images of the brutal attack shocked the nation, directly leading to President Johnson's push for the Voting Rights Act of 1965.
Numerous Americans, black and white, were injured and even died fighting for the Civil Rights Act. John Roberts and his five Republican Supreme Court colleagues effectively overturned the Civil Rights Act and essentially disenfranchised black voters.
George Wallace tried to disenfranchise black voters with violent state troopers. Roberts disenfranchised black voters with the stroke of a pen. It's not hyperbole to say that while Roberts wears the black robes of a judge, he may as well wear the white robes of the Klan.
It's not hyperbole to say that while Roberts wears the black robes of a judge, he may as well wear the white robes of the Klan.
In her dissent to Louisiana v. Callais in which the 6-member Republican majority of the Court effectively overturned Section 2 of the Civil Rights Act, Justice Elena Kagan wrote: “The Voting Rights Act is—or, now more accurately, was—one of the most consequential, efficacious, and amply justified exercises of federal legislative power in our Nation’s history. It was born of the literal blood of Union soldiers and civil rights marchers. It ushered in awe-inspiring change, bringing this Nation closer to fulfilling the ideals of democracy and racial equality." Kagan concluded, " I dissent because the Court betrays its duty to faithfully implement the great statute Congress wrote. I dissent because the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity. I dissent.”
But the Court didn't destroy the Civil Rights Act in a day. It was part of a lifelong mission by John Roberts to do so.
Starting as early as 1981, as a 26-year-old lawyer just three years out of Harvard Law School, Roberts began his campaign to undermine the Civil Rights Act. He got himself a job as Special Assistant to Ronald Reagan's Attorney General William French Smith. Congress was about to amend the Civil Rights Act to provide that state laws would be illegal if they had a racially discriminatory effect, without having to prove that they had a racially discriminatory intent—something almost impossible to prove.
Roberts zealously took on the assignment coming up with arguments against the Amendment. Roberts wrote over 25 memos opposing the Amendment. In one, he argued that the Civil Rights Act was "the most intrusive interference imaginable by federal courts into state and local processes."
Despite the efforts of Roberts and others in the Reagan administration, Congress passed the Amendment with overwhelming bipartisan support. Little did anyone imagine at the time that Roberts would become Chief Justice and the leader of right-wing Justices' ultimately successful efforts to undermine the Civil Rights Act as he had initially set out to do as a young Justice Department official.
At his confirmation hearing, Roberts told the Senate "The existing Voting Rights Act, the constitutionality has been upheld and I don't have any issue with that." He was lying.
In 2013, Roberts got his first shot at dismantling the Civil Rights Act. In his 5-4 ruling in Shelby v. Holder, he overturned Section 5 of the Act , which required that states with a history of racist voter suppression pre-clear changes in election laws with the Justice Department to be sure they were not reinstituting racial suppression. He argued that it was no longer necessary since racism in America had diminished since the Act had been passed. In response, many states previously subject to preclearance rushed to enact new voter suppression laws.
In coming years, the Roberts Court further chipped away at the Voting Rights Act. But Roberts finally got his opportunity to make the rest of the Voting Rights Act a nullity when Louisiana v. Calais came before the Court this year. In a 6-3 opinion, which Roberts assigned to his anti-voting rights ally Justice Samuel Alito, the Court overruled the other crown jewel of the Voting Rights Act which had previously held that racially gerrymandered districts were illegal if they had racially discriminatory effect. Instead, racially gerrymandered districts would only be illegal if it can be proven that they have a racially discriminatory intent, a bar that is almost impossible to clear.
This was the argument that Roberts first made as a young Justice Department attorney back in 1982. As Chief Justice, he finally succeeded in his long campaign to revoke the Civil Rights Act.
Meanwhile, if a state can claim that it's gerrymandering is motivated by ensuring that its political party wins, it's totally cool with the Roberts Court. With the Court overturning both Section 2 and Section 5 of the Voting Rights Act, it effectively repealed the entire Voting Rights Act that so many had fought and died for.
The very next day, Florida passed a redistricting law that would allow for new levels of gerrymandering designed to erase districts with large populations of black voters.
Roberts accomplished with a pen what George Wallace had tried to accomplish with violent state troopers.
It's obvious to a majority of ordinary Americans that partisan gerrymandering undermines fundamental democratic principles. If only the Chief Justice of the US Supreme Court would have the courage to admit it.
In the short run, Democrats' victory in gerrymandering Virginia to create four new blue Congressional districts is a good thing. It will restore balance to the critical 2026 House elections to offset Republicans' Texas gerrymandering which created four new red districts.
President Donald Trump was technically right when the night before the Virginia vote he told a conference of supporters, “I don’t know if you know what gerrymandering is but it’s not good.” Of course what Trump really meant is that gerrymandering is bad when it disenfranchises Republicans but good when it disenfranchises Democrats.
Here's what we do know: partisan gerrymandering is an affront to democracy by letting politicians pick their voters instead of voters picking their politicians. Given Republicans' successful gerrymandering, the Virginia gerrymander was the least bad immediate option. As House Minority Leader Hakeem Jeffries said in a sharp reversal of recent establishment Democrats' attitude, "When they go low, we strike back."
But looking forward, partisan gerrymandering should be illegal. As Supreme Court Justice Elena Kagan wrote in her dissent to Chief Justice John Roberts' 2019 majority ruling that partisan gerrymandering is non-judiciable, “partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people. If left unchecked, gerrymanders like the ones here may irreparably damage our system of government.”
You can blame John Roberts for debasing and dishonoring our democracy and irreparably damaging our system of government.
In his 5-4 majority decision in Rucho v. Common Cause in 2019, Roberts ruled that challenges to partisan gerrymandering are "political questions" that courts may not interfere with. Roberts may have disingenuously claimed in his confirmation hearings that he is nothing but an umpire calling balls and strikes, but in reality he changes the strike zone to favor Republicans.
Partisan gerrymandering blatantly violates the Equal Protection clause of the 14th Amendment of the Constitution. Partisan gerrymandering treats voters of the then minority party in a state unequally to voters of the then majority party and gives the then majority party an unequal advantage in securing their future electoral control regardless of the will of the voters. Voters from different parties do not have an equal chance to affect the outcome of elections. As Justice Kagan wrote in her dissent to Rucho a voter's constitutional equal protections rights“can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.”
It's obvious to a majority of ordinary Americans that partisan gerrymandering undermines fundamental democratic principles. An August 2025 Reuters poll found that 55% of respondents, including 71% of Democrats and 46% of Republicans, thought that the partisan gerrymandering taking place in Texas and California are "bad for democracy." Regular Americans understand the dangers of partisan gerrymandering better than John Roberts in his lengthy "legal" opinion that courts can't do anything to prevent it.
Since Rucho was decided in 2019, advances in computer algorithms have enabled the majority party in a state to construct voting districts to virtually guarantee with surgical precision their own electoral victory.
If Roberts and his Republican cohorts on the Court were honest, they would consider revisiting and overturning Rucho and giving lower courts the power to devise standards for deciding if a partisan gerrymander is too much. But given the partisanship of the Republican Justices, that's unlikely to happen.
If, despite the disadvantages of partisan gerrymandering, Democrats regain control of Congress, they should enact legislation term limiting SCOTUS justices (after which they may keep their lifetime judicial tenure by taking senior status) and increasing the number of Justices from 9 to at least 12. This can be done by legislation and does not need to overcome the nearly impossible bar of a Constitutional Amendment. To protect democracy, Court reform should be a key part of Democrats' political platform.
The mainstream media, and even much of the progressive media, is misinterpreting the tariff decision as demonstrating the Roberts Court's independence and judicial neutrality. Instead, it demonstrates the court's true masters.
The US Supreme Court's rejection of President Donald Trump's singular policy on tariffs is a reason for some celebration. During the past year, using the so-called "shadow docket," the Roberts Court had ruled in Trump's favor on an emergency basis 24 out of 28 times.
But the mainstream media, and even much of the progressive media, is misinterpreting the tariff decision as demonstrating the Roberts Court's independence and judicial neutrality.
For example, the New York Times lead article by its chief legal correspondent Adam Lipnick was headlined, "The Supreme Court's Declaration of Independence," and the article argued that SCOTUS's decision "amounted to a declaration of independence." One progressive blogger wrote, "It would be nice—and, in political terms, smart—if the left changes its tune about Roberts in the wake of his courageous stand." An article in the generally liberal Atlantic magazine was headlined, "The Supreme Court Isn't a Rubber Stamp."
But the Roberts Court is not independent. Rather, when there's a conflict between big corporations and Trump, it will side with the corporations.
Most of the media is getting the meaning of the tariffs case wrong.
The plaintiffs challenging the tariffs were represented by the New Civil Liberties Alliance funded by billionaire Charles Koch and former Federalist Society chief Leonard Leo who selected the right-wing Justices. Even The Chamber of Commerce filed an amicus brief opposing the Trump tariffs and asking the Roberts Court to overturn them.
In most cases that don't threaten corporate interests, the Roberts Court sides with Trump. However, as with the tariff decisions, in cases soon to be decided on whether Trump can fire a Federal Reserve governor without cause—which threatens business interests—oral arguments indicate they will probably side with the business interests and rule that the Fed is a special case and the president cannot fire a Fed governor without cause. But they will likely bend themselves into pretzels to hold that Trump can fire without cause the heads of most other agencies like the Consumer Protection Financial Bureau and the National Labor Relations Board, which regulate business and which corporate interests want kneecapped..
Most of the media is getting the meaning of the tariffs case wrong. It does not show that the Roberts Court is independent. Rather, it shows that the Roberts Court is pro-corporate.