Last week, the Supreme Court struck down a Louisiana congressional map in a 6–3 decision tied to a 1986 amendment to Section 2 of the Voting Rights Act. As Sarah Isgur explains, “What the Supreme Court has said now for 25 years, whether it's affirmative action or voting rights, is we're going to stop discriminating on the basis of race, whether you think it's good discrimination or bad discrimination or whatever else in-between, but you will not take race into account. Not when it comes to admissions to universities and not when it comes to voting.” At the heart of the debate is an ongoing misunderstanding of equality of opportunity vs equity of outcome. With both parties seeking political advantage in a zero-sum game, disentangling racial and partisan lines in congressional districting becomes nearly impossible, especially within the framework of constitutional fealty. Thus, we arrive at our regular theme: "Congress do your job!" Instead of judicial activism, can lawmakers create a neutral redistricting framework that truly separates race from politics and regulates partisan gerrymandering?

Sarah Isgur is a senior editor at The Dispatch and is based in northern Virginia. She is the host of Advisory Opinions and the editor of SCOTUSblog. Prior to joining the company in 2019, she worked in every branch of the federal government and on three presidential campaigns. She’s also an ABC News contributor and the author of Last Branch Standing, a deep dive into the inner workings of the Supreme Court.

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