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Rick Hasen on SCOTUS' Alabama opinion: The majority's opinion accompanying the ruling is astounding
@rickhasen.bsky.social
The majority’s opinion accompanying the ruling is astounding, and in fact is potentially just as significant as Callais despite its brevity and tentative nature given that it is a shadow docket ruling.
In today’s order, the Supreme Court makes the already difficult path of proving discriminatory intent even harder.
Building upon J Alito’s opinion in Abbott v. Perez, there’s now practically an unrebuttable presumption that a legislature is acting in good faith and therefore is not acting in a racially discriminatory way so long as the state can assert some pretextual nonracial reason for enacting its plan.
Even if plaintiffs get past this new discriminatory intent barrier, the Court has now imported the Callais discriminatory effects test into a constitutional vote dilution analysis.
So in these cases, plaintiffs will need to meet an impossible standard to prove effect, just as in a post-Callais Section 2 case, a standard which simply ignores the fact that when (white) Republicans discriminate against Democrats in the south, they are discriminating against Black voters.
Finally, the opinion turns the equities on its head in many ways. The Court now says that a federal court cannot remedy a voting violation at the last minute under the so-called Purcell Principle, but states should go to town with new, unconstitutional plans:
"While federal courts should not impose changes close to an election, States are free to decide for themselves whether last-minute changes to an election are in their best interests.”
This is a license for putting last minute unconstitutional plans in place and sow chaos for election administrators and voters.
There's more in my full post, which concludes:
More and more, this Court shows itself to be little more than a partisan tool engaged in results-oriented jurisprudence, despite protestations to the contrary.
https://electionlawblog.org/?p=156541
There's more in my full post, which concludes:
— Rick Hasen (@rickhasen.bsky.social) 2026-06-03T02:33:45.216Z
More and more, this Court shows itself to be little more than a partisan tool engaged in results-oriented jurisprudence, despite protestations to the contrary.
electionlawblog.org?p=156541
Completely agree with @rickhasen.bsky.social. After tonight’s decision, it isn’t just impossible to win a Voting Rights Act claim—it’s also impossible to win a *constitutional* claim against egregiously racist gerrymandering. The supermajority massively expanded Callais. electionlawblog.org?p=156541
— Mark Joseph Stern (@mjsdc.bsky.social) 2026-06-03T02:33:15.852Z
Decision Desk HQ projects Josh Turek wins the Iowa US Senate Democratic Primary
Decision Desk HQ projects Josh Turek wins the IA US Senate Democratic Primary
— Decision Desk HQ (@decisiondeskhq.bsky.social) 2026-06-03T01:33:10.693Z
#DecisionMade: 9:31 PM EDT
BREAKING: SCOTUS clears the way for Alabama to use its 2023 map
The district court found evidence that Alabama legislators considered race in the making of its 2023 map, something SCOTUS said states shouldn't do in Callais, and SCOTUS is still clearing the way for Alabama to use the 2023 map.
#BREAKING: Over public dissents from the three Democratic appointees, #SCOTUS grants stay of district court injunction in Alabama redistricting cases, clearing the way for Alabama to use its 2023 map.
— Steve Vladeck (@stevevladeck.bsky.social) 2026-06-03T01:17:08.012Z
Here's a link to the unsigned majority opinion and Justice Sotomayor's dissent:
— Steve Vladeck (@stevevladeck.bsky.social) 2026-06-03T01:19:26.836Z
georgetown.box.com/s/s8jqlj6kpn...
How Black Voters in Alabama Are Fighting G.O.P. Redistricting - NYT
At just 8 years old, Sheyann Webb-Christburg marched for Black voting rights in Selma, Ala., alongside the Rev. Dr. Martin Luther King Jr. Now, as Southern Republicans race to redraw voting maps before the midterm elections, Webb-Christburg and other Black voters are protesting what they fear is the erasure of their voices.
Louisiana Republicans pass gerrymandered map that eliminates majority-Black district
https://www.politico.com/news/2026/05/29/louisiana-republicans-pass-gerrymander-landry-00942820The state Senate sent the bill to GOP Gov. Jeff Landry, who is expected to approve it.
The new map was spurred by the Supreme Court’s decision to narrow the Voting Rights Act, which gave Louisiana the greenlight to redraw its majority-minority districts and kicked off new gerrymanders in other GOP-led southern states, like Tennessee.
Friday’s result is a major win for Landry and for President Donald Trump, further extending Republicans’ gains through mid-decade redistricting this cycle.
Rep. Cleo Fields’ (D-La.) district has been completely erased in the new map, while Rep. Troy Carter’s (D-La.) blue-leaning district has been redrawn to mostly mirror the seat he won in 2022.
NEW: Federal judge blocks the Trump admin from continuing to establish or operate its "anti-weaponization" fund
NEW: A federal judge has blocked the Trump administration from continuing to establish or operate its "anti-weaponization" fund, which has led to a bipartisan furor over potential payouts to Jan. 6 defendants.
— Kyle Cheney (@kyledcheney.bsky.social) 2026-05-29T14:09:38.543Z
w/ @joshgerstein.bsky.social @hassankanu.bsky.social
www.politico.com/news/2026/05...
Judge BRINKEMA, a Clinton appointee, ruled before the Trump administration could formally respond to the lawsuit, citing concerns that the fund could begin doling out cash quickly. Her pause of at least 2 weeks, is a chance to consider a longer-term block. www.politico.com/news/2026/05...
— Kyle Cheney (@kyledcheney.bsky.social) 2026-05-29T14:12:51.458Z
Paxton on Talerico: "He's a threat to our very way of life. I mean, he's a vegan who thinks God is nonbinary."
Paxton: "He's a threat to our very way of life. I mean, he's a vegan who thinks God is nonbinary."
— Aaron Rupar (@atrupar.com) 2026-05-27T01:42:04.840Z
I guess our constitution is just a list of suggestions now rather than law
We vote for shit, and then immediately vote for politicians that disagree with the shit we vote for.
We vote for Fair Districts, and they've ignored it every redistricting cycle we've had it. The republican-appointees on the Florida courts let them get away with it, unlike the previous Democratic-appointees.
They've captured all of the institutions in Florida. They've had the governorship and the legislature for nearly 30 years. The entire state judiciary is stacked with their people. Our state government is filled with people that disagree with our state constitution.
Just another day in the land of "constitutions don't enforce themselves".
ok, i'm done ranting.
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