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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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No Kings Movement and 'All Roads Lead to the South' to Protest GOP Voting Rights Attacks
"The politicians attacking voting rights today are clinging to a shrinking vision of America rooted in fear, exclusion, and minority rule."
May 12, 2026
Republican state lawmakers are seizing on the US Supreme Court's recent gutting of the Voting Rights Act to continue President Donald Trump's gerrymandering spree, including in Alabama, where "All Roads Lead to the South," the No Kings coalition, community members, faith leaders, and other organizations plan to come together on Saturday, May 16, in protest.
They are set to start at 9:00 am CT at Selma's Edmund Pettus Bridge, named for a former Ku Klux Klan grand dragon and the site of Bloody Sunday, "for prayer and remembrance—on sacred ground, in reverence for those who marched in 1965, in gratitude for the moral courage they showed the nation, and in faith that the same spirit that moved them still moves in us."
The organizers then intend to hold a rally at the Alabama State Capitol in Montgomery from 1:00-5:00 pm. People across the United States outraged by GOP attacks on voting rights are also planning solidarity actions throughout the day.
"Sixty years after Bloody Sunday, we are once again being called to meet this moment with collective action. The attacks on voting rights across the South are not isolated incidents, they are part of a coordinated effort to weaken Black political power," said Cliff Albright and LaTosha Brown, co-founders of Black Voters Matter Fund, a leading partner organization of All Roads Lead to the South, in a Tuesday statement.
"But we have faced these challenges before, and we know our power," the pair continued. "Alabama has always been sacred ground in the fight for freedom, and this moment demands that we rise together once again. We are proud to stand with the No Kings coalition and people across the nation to make clear that our communities will not be pushed backward, our voices will not be silenced, and our power will not be denied."
Since Trump returned to office last year, the No Kings movement has organized three national days of action—in June, October, and March. Americans also held thousands of protests nationwide on May Day, or International Workers' Day, earlier this month.
"What is happening right now is deliberate, coordinated, and being driven by Republican politicians committed to abusing power and rigging the system to hold control for themselves and silence Black voters," the No Kings Steering Committee said Tuesday. "They plan on overturning every protection available for Black voters and will not be satisfied until they reinstate every Jim Crow-era law."
"That's why the No Kings coalition is joining in solidarity with All Roads Lead to the South this Saturday in Alabama and across the country for an emergency national protest against the attacks on voting rights by the Supreme Court and the swift effort by Republican-controlled states to disenfranchise millions of Black voters," the committee continued.
On May 16th, join civil and voting rights groups in a National day of Action in Montgomery, Alabama. Go to allroadsleadtothesouth.com for more details. #votingrights #50501movement
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— 50501: The People’s Movement ❌👑 (@50501movement.bsky.social) May 9, 2026 at 12:48 PM
GOP state lawmakers in Florida, North Carolina, Missouri, Tennessee, and Texas have already responded to demands from Trump and fears of losing a slim majority in the US House of Representatives by redrawing their congressional districts to favor Republicans in the November midterm elections.
Democratic state leaders in California and Virginia have tried to fight the Trump-led GOP's mid-decade redistricting by enacting new voter-approved congressional districts that favor Democrats, though both of those maps face legal challenges. Party leaders in Virginia on Monday asked the US Supreme Court to block a recent ruling against the Democratic effort.
In a case about Louisiana's districts that predated Trump's push, the US Supreme Court last month found that the state map was an "unconstitutional racial gerrymander" and eviscerated Section 2 of the Voting Rights Act, leading Republican Gov. Jeff Landry to suspend primary elections, even though absentee ballots had already gone out.
Tennessee lawmakers swiftly took advantage of an opportunity from that ruling by targeting their state's only majority-Black congressional district, in Memphis. As Tennesseans sued over the new map on Monday, the US Supreme Court's right-wing justices cleared the way for Alabama legislators to break up their state's majority-Black district.
"The politicians attacking voting rights today are clinging to a shrinking vision of America rooted in fear, exclusion, and minority rule. They are trying to preserve a past this country has already rejected," said the No Kings panel. "In this country, we do not answer to kings—not in the White House and not in our state houses. Power belongs to the people, and we the people will decide."
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