The Supreme Court’s Hands Are All Over The 2022 Midterm Election Results

by | Nov 11, 2022 | Politics

If Republicans win control of the House by just a handful of seats or less, they will owe their slim majority to the Republican-appointed justices on the Supreme Court. In a series of election law cases, including one yet to be decided, the court’s conservative justices authorized partisan gerrymandering and effectively gutted the Voting Rights Act’s protections against racially discriminatory redistricting. These decisions led directly to an increase in congressional districts gerrymandered to favor Republicans and decreased the number of Black-majority seats that would have favored Democrats following the 2020 census. AdvertisementIn effect, the conservative justices put a thumb on the scale in favor of the political party that appointed and confirmed them.“If we end up with a very narrow Republican majority in the House, I think it can very fairly be said that the Republican justices on the court like Alito and Thomas are much more the fathers of this majority than Kevin McCarthy or anybody else,” said Brian Fallon, executive director of Demand Justice, a liberal judicial activist group.The big decisions by the court’s conservatives include Chief Justice John Roberts’ 2019 decision in Rucho v. Common Cause, which declared that federal courts had no role to play in judging claims of partisan gerrymandering. This gave state legislatures, where Republicans control the ability to draw maps in far more states than Democrats, the green light to carve up their congressional maps in the most partisan ways possible.In addition, the court’s “shadow docket” decision suspending lower court rulings that would have mandated Republicans in Alabama and Louisiana draw new Black majority districts directly cost Democrats two seats.Advertisement“It’s not hard to count the seats and get to a Democratic majority under different circumstances,” said Michael Li, a redistricting law expert with the Brennan Center for Justice, a nonprofit that advocates for redistricting reform.The six Republican-appointed justices consistently side with the political interests of the Republican Party in election law cases.AP Photo/J. Scott ApplewhiteThe racial gerrymandering cases out of Alabama and Louisiana are the clearest cases of the court’s influence in the 2022 outcome. In both cases, district and appeals courts ruled that the governments of both states imposed racial …

Article Attribution | Read More at Article Source

Share This