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      A court caught Republicans discriminating against Black voters – here’s how

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      A court caught Republicans discriminating against Black voters – here’s howAn Alabama case tests how much Republicans can legally dilute the power of Black votersIt has been called a textbook example of discrimination against Black voters in the US. And a ruling on it from the supreme court is expected any day.It isn’t the kind of explicit voting discrimination, like poll taxes and literacy tests, that kept voters from the polls in the south during the Jim Crow era. Instead, it is more subtle. Let us walk you through the case with our visual explainer. The case focuses on Alabama, where the Republican-controlled legislature, like states across the US, recently completed the once-a-decade process of redrawing the boundaries of congressional maps. If partisan politicians exert too much control over the redistricting process, they can effectively engineer their own victories, or blunt the advantages of the other side, by allocating voters of particular political persuasions and backgrounds to particular districts.Under the new districts, Black people make up 25% of the Alabama’s population, but comprise a majority in just one of the state’s seven districts.In late January, a panel of three federal judges issued a 225-page opinion explaining how the state was discriminating against Black voters.“Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress,” the panel wrote. The judges gave Alabama 14 days to come up with a new plan and said the state had to draw two districts where Black voters comprise a majority. @font-face{font-family:”Guardian Headline Full”;src:url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-Light.woff2) format(“woff2”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-Light.woff) format(“woff”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-Light.ttf) format(“truetype”);font-weight:300;font-style:normal}@font-face{font-family:”Guardian Headline Full”;src:url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-LightItalic.woff2) format(“woff2”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-LightItalic.woff) format(“woff”),url(https://interactive.guim.co.uk/fonts/garnett/GHGuardianHeadline-LightItalic.ttf) format(“truetype”);font-weight:300;font-style:italic}@font-face{font-family:”Guardian Headline 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      Republicans’ redistricting maps are motivated entirely by race – not politics | Michael Harriot

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      Republicans’ redistricting maps are motivated entirely by race – not politicsMichael HarriotThere has been a subtle campaign to redefine racism by the intent and not the effects of discriminatory actions, even as gerrymandered maps diminish the power of Black voters Although the phrase “All politics is local” is usually attributed to Tip O’Neill Jr, a former speaker of the US House of Representatives, the aphorism probably originated in the February 1932 Associated Press column “Politics at Random”, when the Washington bureau chief, Byron Price, wrote: “All politics is local politics.” As valid as Price’s summarization of inside-the-Beltway politics may be, there is probably a more accurate way to describe the All American sport of civic power-brokering:All politics is racial.Over the last quarter-century, white voters have overwhelmingly identified with the GOP while every other racial and ethnic group – Black, Hispanic and Asian American voters – consistently identify with the Democratic party. This unwavering reality reduces the machinations of each political party to a game of demographic mathematics, especially in racially diverse parts of the country, where one truisim dominates local politics: when non-white people can’t vote, Republicans win.Perhaps the starkest example of this racial divide is Alabama, where white people make up 69% of the population and are 89% of the Republican electorate. By comparison, the state is 27% African American, 80% of whom identify as Democrat. Six of the seven Democrats in the Alabama senate are Black, as are 26 of the 27 Democratic members of the house. In 2022, Kenneth Paschal became the first Black person to represent the Republican party in the Alabama state legislature since Reconstruction. Contrary to what Price would say, politics is not local here. In Alabama, regardless of the location, “white voter” is synonymous with “Republican” and “Black” means “Democrat”.Perhaps this reality is why last Monday, a federal court threw out the state’s congressional map that disenfranchised Black voters across the state. The three-judge panel explained that the congressional redistricting plan created by Alabama’s Republican-controlled legislature meant that “Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress.” The previous map packed the two Blackest cities in one congressional district, splitting the rest of the state’s Black population – three of the five largest cities in the state – among three majority-white districts that have been safely Republican for years. The judges gave the white (Republican) lawmakers 14 days to draw new districts that did not violate the Voting Rights Act of 1965.Alabama Republicans vowed to appeal the ruling to the US supreme court, where the court’s conservative majority ruled in 2019 that disenfranchising Black voters is perfectly fine as long as the gerrymanderers’ intent was partisan and not racial. “If district lines were drawn for the purpose of separating racial groups, then they are subject to strict scrutiny because ‘race-based decisionmaking is inherently suspect,” wrote Chief Justice John Roberts in the majority opinion. “But determining that lines were drawn on the basis of partisanship does not indicate that the districting was improper. A permissible intent – securing partisan advantage – does not become constitutionally impermissible, like racial discrimination, when that permissible intent “predominates”.Herein lies the problem with politics, conservative ideology and America in general. For years, there has been a subtle campaign to redefine racism by the intent and not the effects of discriminatory actions. According to this new American translation, disenfranchising entire communities by suppressing their voting power is not necessarily racist as long as the person didn’t mean to be racist. And, because there are very few people willing to stand in front of the world and confess to their racial prejudices, anyone is allowed to discriminate as long as they don’t articulate their racism out loud. However, this cleverly constructed loophole only applies to racism. America’s jurisprudence system has found a way to convict people for unintentional murder and hold people accountable for car accidents, but somehow white people are innocent until proven racist.But in the case of the Alabama Republican-controlled legislature, there is actual proof.A few weeks after justices sitting on America’s highest court decided that there was nothing they could do about North Carolina disenfranchising hundreds of thousands of Black citizens, the daughter of the man who pioneered using race to redraw political maps leaked the contents of her recently deceased father’s hard drive, revealing that North Carolina’s redistricting plan was about race all along. Known as the “Master of the Modern Gerrymander”, Thomas Hofeller had only considered race when drawing the maps for North Carolina. The proposed maps even included a plan that would have allowed the state to elect an all-white legislature.But the leaked files also revealed that Hofeller was the main architect of redistricting plans for states across the country, including Alabama. Hofeller’s files included emails and proposals from then Alabama state House redistricting commission chair Representative Jim McClendon, who included racial data, census maps broken down by race and … well, nothing else. The basis for McClendon and Hofeller’s plan for Alabama wasn’t mostly about race; it seems as if it was only about race. After serving in the Alabama house for 12 years, McClendon was elected to the state senate in 2014, where he co-chaired the senate commission whose gerrymandered maps were thrown out by the federal court. It was probably a coincidence. I’m sure he didn’t mean to do it.Alabama is not an outlier in this phenomenon. Republican-controlled legislatures in Georgia, Tennessee, Texas, Missouri and Wisconsin have submitted gerrymandered maps that diminish the power of Black voters. Of course, they won’t admit that the redistricting plans are solely motivated by race because, according to the New American definition, that would make it racist. According to America’s highest legal authorities, there is nothing wrong with stealing the voices of Black people and accidentally murdering their opportunity to participate in democracy. After all, it has nothing to do with racism.It’s just politics.
      Michael Harriot is a writer and author of the upcoming book Black AF History: The Unwhitewashed Story of America
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      Alabama Redistricting Decision Reasserts Voting Rights Act

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      Three federal judges in Alabama ruled that a new congressional map drawn by G.O.P. state lawmakers violated the Voting Rights Act.After years of court decisions battering the Voting Rights Act, a ruling in an Alabama redistricting case is reasserting the power of the 56-year-old law — and giving Democrats and civil rights groups hope for beating back gerrymandered maps.The decision from three federal judges ordered state lawmakers to rework their newly drawn congressional maps. The Republican-led legislature violated the Voting Rights Act, the judges ruled, by failing to draw more than one congressional district where Black voters might elect a representative of their choice.Alabama’s Republican attorney general, Steve Marshall, quickly appealed the decision to the U.S. Court of Appeals for the 11th Circuit on Tuesday, and asked for a motion to stay the ruling.Still, the unanimous ruling — signed by two judges appointed by former President Donald J. Trump and one by former President Bill Clinton — was a sign that a key weapon against racial discrimination in redistricting could still be potent, even as other elements of the landmark Voting Rights Act have been hollowed out by Supreme Court decisions. The case hinged on Section 2 of the act, which bars racial discrimination in election procedures.A similar case already is pending in Texas, and the success of the challenge in Alabama could open the door to lawsuits in other states such as South Carolina, Louisiana or Georgia. It could also serve as a warning for states such as Florida that have yet to finish drawing their maps.“The Supreme Court has cut back on the tools that we in the voting rights community have to use to deal with misconduct by government authorities and bodies,” said Eric Holder, a former U.S. Attorney General who is now the chairman of the National Democratic Redistricting Committee. “Section 2 to now has remained pretty much intact.”The court’s ruling in Alabama — where the Black residents make up 27 percent of population yet Black voters are a majority in just one of seven House districts — comes amid a polarized redistricting cycle, in which both Republicans and Democrats have sought to entrench their political power through district lines for congressional and legislative maps. In much of the country, that has created districts that bisect neighborhoods or curl around counties to wring the best possible advantage.Civil rights leaders and some Democrats argue that process too often comes at the expense of growing minority communities. Black and Hispanic voters have a history of being “packed” into single congressional districts or divided up across several so as to dilute their votes.In 2013, the Supreme Court dealt the Voting Rights Act a significant blow in Shelby v. Holder, hollowing out a core provision in Section 5. The “preclearance” provision required that states with a history of discrimination at the polls get approval from the Justice Department before making changes to voting procedures or redrawing maps. Last year, the court ruled that Section 2 would not protect against most new voting restrictions passed since the 2020 election.Mr. Marshall, the Alabama attorney general, argued the only way to create two majority-Black congressional districts is to make race the primary factor in map-drawing and called the court’s ruling “an unconstitutional application of the Voting Rights Act.”“The order will require race to be used at all times, in all places, and for all districts,” Mr. Marshall wrote in his appeal Tuesday. “Based on the political geography of Alabama and the broad dispersion of Black Alabamians, it is essentially impossible to draw a map like those presented by plaintiffs unless traditional districting principles give way to race.”The case is very likely to advance to the Supreme Court, where Justice Clarence Thomas has already indicated he does not believe that Section 2 of the Voting Rights Act prevents racial gerrymandering, a question the court did not address when it struck down other elements of the law.The Alabama decision is the second this month in which a court has invalidated a Republican-drawn congressional map. The Ohio Supreme Court ruled state legislative and congressional maps drawn by Republicans violated a state constitutional prohibition on partisan gerrymandering. The North Carolina Supreme Court delayed the state’s primaries while a challenge to Republican-drawn maps there is heard.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Court Throws Out Alabama’s New Congressional Map

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      A federal panel of judges ordered state lawmakers to redraw the lines, saying Black voters “have less opportunity than other Alabamians” to elect candidates of their choice.WASHINGTON — A panel of three federal judges threw out Alabama’s congressional map on Monday and ordered state lawmakers to draw a new one with two, rather than just one, districts that are likely to elect Black representatives.The map that Alabama’s Republican-majority State Legislature adopted last fall drew one of the state’s seven congressional districts with a majority of Black voters. The court ruled that with Alabama’s Black population of 27 percent, the state must allot two districts with either Black majorities or “in which Black voters otherwise have an opportunity to elect a representative of their choice.”“Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress,” the panel of judges wrote.The case is certain to be appealed and could lead to the U.S. Supreme Court addressing the question of whether lawmakers can draw political maps to achieve a specific racial composition, a practice known as racial gerrymandering. In 2019, the Supreme Court ruled that federal courts have no role to play in blocking partisan gerrymanders. However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering.If Alabama legislators do not produce and pass a new map with a second majority-Black district within 14 days, the court will appoint a special master to do so, the judges wrote. That second district would be a significant legal and political victory for Democrats, who would be overwhelming favorites to carry it.“This decision is a win for Alabama’s Black voters, who have been denied equal representation for far too long,” said Eric H. Holder Jr., the chairman of the National Democratic Redistricting Committee. “The map’s dilution of the voting power of Alabama’s Black community — through the creation of just one majority-Black district while splitting other Black voters apart — was as evident as it was reprehensible.”The Alabama Republican Party chairman, John Wahl, said he was disappointed in the court’s ruling and expected it to be appealed. “The basic outlines of Alabama’s congressional districts have remained the same for several decades and have been upheld numerous times,” he said. “What has changed between now and those past decisions to cause the court to act in this manner?”The Alabama congressional map is the second drawn by Republicans to be struck down by courts this month. Two weeks ago, the Ohio Supreme Court invalidated a map drawn by Republicans which would have given the G.O.P. a likely 12-to-3 advantage in the state’s congressional delegation. North Carolina’s new congressional map is also enmeshed in a legal battle, and several other states are likely to be sued over their political cartography.The three-judge panel is made up of two Federal District Court judges appointed by former President Donald J. Trump and one by former President Bill Clinton. All three signed the opinion. The panel pushed back Alabama’s ballot qualification deadline from Jan. 28 to Feb. 11 for the state’s May primaries.Alabama’s secretary of state, John H. Merrill, declined to comment on the ruling.Adam Kincaid, the executive director of the National Republican Redistricting Trust, the party’s main mapmaking organization, said the map was based on one that was cleared in 2011 by President Obama’s Justice Department, then led by Mr. Holder, and comports with the Voting Rights Act.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      On Vaccines and More, Republican Cowardice Harms America

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      Back in July, Kay Ivey, governor of Alabama, had some strong and sensible things to say about Covid-19 vaccines. “I want folks to get vaccinated,” she declared. “That’s the cure. That prevents everything.” She went on to say that the unvaccinated are “letting us down.”Three months later Ivey directed state agencies not to cooperate with federal Covid-19 vaccination mandates.Ivey’s swift journey from common sense and respect for science to destructive partisan nonsense — nonsense that is killing tens of thousands of Americans — wasn’t unique. On the contrary, it was a recapitulation of the journey the whole Republican Party has taken on issue after issue, from tax cuts to the Big Lie about the 2020 election.When we talk about the G.O.P.’s moral descent, we tend to focus on the obvious extremists, like the conspiracy theorists who claim that climate change is a hoax and Jan. 6 was a false flag operation. But the crazies wouldn’t be driving the Republican agenda so completely if it weren’t for the cowards, Republicans who clearly know better but reliably swallow their misgivings and go along with the party line. And at this point crazies and cowards essentially make up the party’s entire elected wing.Consider, for example, the claim that tax cuts pay for themselves. In 1980 George H.W. Bush, running against Ronald Reagan for the Republican presidential nomination, called that assertion “voodoo economic policy.” Everything we’ve seen since then says that he was right. But Bush soon climbed down, and by 2017 even supposed “moderates” like Susan Collins accepted claims that the Trump tax cut would reduce, not increase, the budget deficit. (It increased the deficit.)Or consider climate change. As recently as 2008 John McCain campaigned for president in part on a proposal to put a cap on U.S. greenhouse gas emissions. But at this point Republicans in Congress are united in their opposition to any substantive action to limit global warming, with 30 G.O.P. senators outright denying the overwhelming scientific evidence that human activities are causing climate change.The falsehoods that are poisoning America’s politics tend to share similar life histories. They begin in cynicism, spread through disinformation and culminate in capitulation, as Republicans who know the truth decide to acquiesce in lies.Take the claim of a stolen election. Donald Trump never had any evidence on his side, but he didn’t care — he just wanted to hold on to power or, failing that, promulgate a lie that would help him retain his hold on the G.O.P. Despite the lack of evidence and the failure of every attempt to produce or create a case, however, a steady drumbeat of propaganda has persuaded an overwhelming majority of Republicans that Joe Biden’s victory was illegitimate.And establishment Republicans, who at first pushed back against the Big Lie, have gone quiet or even begun to promote the falsehood. Thus on Wednesday, The Wall Street Journal published, without corrections or fact checks, a letter to the editor from Trump that was full of demonstrable lies — and in so doing gave those lies a new, prominent platform.The G.O.P.’s journey toward what it is now with respect to Covid-19 — an anti-vaccine, objectively pro-pandemic party — followed the same trajectory.Although Republicans like Ron DeSantis and Greg Abbott claim that their opposition to vaccine requirements is about freedom, the fact that both governors have tried to stop private businesses from requiring customers or staff to be vaccinated shows this is a smoke screen. Pretty clearly, the anti-vaccine push began as an act of politically motivated sabotage. After all, a successful vaccination campaign that ended the pandemic would have been good political news for Biden.We should note, by the way, that this sabotage has, so far at least, paid off. While there are multiple reasons many Americans remain unvaccinated, there’s a strong correlation between a county’s political lean and both its vaccination rate and its death rate in recent months. And the persistence of Covid, which has in turn been a drag on the economy, has been an important factor dragging down Biden’s approval rating.More important for the internal dynamics of the G.O.P., however, is that many in the party’s base have bought into assertions that requiring vaccination against Covid-19 is somehow a tyrannical intrusion of the state into personal decisions. In fact, many Republican voters appear to have turned against longstanding requirements that parents have their children vaccinated against other contagious diseases.And true to form, elected Republicans like Governor Ivey who initially spoke in favor of vaccines have folded and surrendered to the extremists, even though they must know that in so doing they will cause many deaths.I’m not sure exactly why cowardice has become the norm among elected Republicans who aren’t dedicated extremists. But if you want to understand how the G.O.P. became such a threat to everything America should stand for, the cowards are at least as important a factor as the crazies.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More