The Andrew Branca Show
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Supreme Court Rejects Racial Gerrymandering
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June 3, 2026
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1:17:34Now PlayingThe Supreme Court has delivered a major victory for colorblind redistricting, striking down lower courts' attempts to mandate race-based congressional maps.
In Allen v. Milligan, the Court upheld Alabama's 2023 race-neutral redistricting plan and established clear constitutional limits on race-conscious schemes designed to remedy past wrongs through present discrimination.
The Court's decision applies updated standards from Louisiana v. Callais, which requires that alternative maps meet all legitimate state districting objectives "just as well" as the state's own—and critically, prohibits using race as a redistricting criterion.
The lower court had demanded additional "Black-opportunity" districts, a transparent attempt to gerrymander by race. The Supreme Court correctly recognized that legal disagreement with remedial orders cannot be mistaken for discriminatory intent, and that partisan voting differences do not prove racial vote dilution.
This ruling protects states' constitutional authority to draw districts on race-neutral grounds: contiguity, community of interest, and incumbency protection.
Justice Jackson, along with Justices Sotomayor and Kagan, dissented—the progressive wing's predictable loss.
The majority has spoken: the Constitution demands equal treatment under law, not sorting citizens by race.
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