Congress Must Fight Back Against Supreme Court's Anti-Democratic Crusade
The 2026 election will take place in a political system that is divided, discordant, flagrantly gerrymandered, and marked by widening racial discrimination. Thank Chief Justice John Roberts and his colleagues on the Supreme Court. And the supermajority of highly activist justices seems poised, even eager, to make things appreciably worse.
In 2019, in Rucho v. Common Cause, the Court refused to adopt any standard to police partisan gerrymandering, and it even prevented federal courts from hearing that claim. Fast-forward through a census, six years of line-drawing, and a flurry of lawsuits, and predictably, our democracy has become much less fair.
Redistricting is supposed to take place once a decade, after the census. In fact, that’s why the census is written into the Constitution. But earlier this year, Texas abruptly drew new congressional maps in a gambit to squeeze out five extra seats for Republicans. It was in the middle of the decade and at the behest of someone who doesn’t live there (President Trump) — and all at the expense of Black and Latino voters. Even though 95 percent of population growth in the state came from those communities, the map’s main feature was fewer districts where those voters can elect their preferred candidates.
Bad, right? A panel of three federal judges agreed, temporarily blocking the map from being used in the upcoming election until a full trial could be held. Texas first resisted allegations of a partisan gerrymander, then insisted it was actually acting at the behest of the Justice Department for racial reasons, then said it was, in fact, a partisan power grab. (“I don’t see race. Just Democrats.”) Talk about a Texas two-step! Amid these gyrations, the court found it illegal.
Enter the Supreme Court. Last week it blocked the lower court’s ruling, thus allowing the election to go forward with freshly gerrymandered maps. It’s yet another brazen use of the shadow docket — the Court’s supposed emergency docket (with limited briefing and no oral argument) — to hand Trump a win with only a few sentences of explanation.
Where does that leave things? The Texas seat grab set off a partisan arms race across the country. Furious Democrats acted. California voters overwhelmingly supported drawing new Democratic-leaning congressional districts there to counter the GOP gains in Texas. Republicans in Indiana and Florida are moving to redraw lines, while Democrats in Illinois, Maryland, and Virginia aim to do the same.
With all this headbutting, the gerrymander war of 2025 could turn out to be close to a wash in partisan terms. Moreover, voters may have their own ideas. If Democrats win big, as recent races have suggested is possible, the gerrymander might produce extra GOP losses. (The technical term for this, believe it or not, is a “dummymander.”)
All that sound and fury, in short, might signify . . . not exactly nothing, but not a decisive partisan gain.
That’s where the next big intervention by the Supreme Court would come in. And its impact could well be even more dramatic — and if possible, more harmful.
The Court seems poised to demolish the effectiveness of what’s left of the Voting Rights Act. Two weeks ago, in Louisiana v. Callais, it heard arguments about whether the law’s Section 2 remains constitutional. For decades, that provision effectively barred states, particularly in the South, from enacting maps that dilute or cancel out the voting........





















Toi Staff
Sabine Sterk
Gideon Levy
Penny S. Tee
Mark Travers Ph.d
John Nosta
Daniel Orenstein