How the South Won the Civil War

 "In the past, the Supreme Court has upheld the principle that if a state has used race to determine districts, it must show that it has a compelling reason to do so. In 2017 it said: “This Court has long assumed that one compelling interest is compliance with the Voting Rights Act of 1965.” In the past, the court saw that interest as served by guaranteeing the creation of majority-minority districts to guarantee that Black, Brown, and Asian-American voters can elect the lawmakers they prefer.

In today’s hearings, the right-wing majority indicated it opposes the use of race in redistricting, suggesting the previous understanding of this issue is unconstitutional. Overturning the decision of the lower court would finish the gutting of the Voting Rights Act the Roberts Court began with the 2013 Shelby County v. Holder decision.

This shift shows the willingness of the right-wing majority on the court to gather the power of the U.S. government into its own hands.

The actual name of what we know as the Voting Rights Act is “AN ACT To enforce the fifteenth amendment to the Constitution of the United States, and for other purposes.” Congress passed it after more than 80 years in which state legislatures refused to acknowledge the Fifteenth Amendment, which reads:

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

When it passed the Voting Rights Act, Congress did what the Fifteenth Amendment required it to do to protect the right of racial minorities to vote. As political scientist Jonathan Ladd notes, now, though, the Supreme Court is on the cusp of saying that it, rather than Congress, can determine how to enforce the right of citizens to vote.

That the Supreme Court appears to be taking aim at a constitutional amendment added to the Constitution during Reconstruction is a little too on-the-nose. When the federal government stopped enforcing the Fourteenth and Fifteenth Amendments, former Confederates took control of their states and instituted a one-party region that lasted until the 1965 Voting Rights Act."

Letters from an American Historian 

Originalism in jurisprudence is basically a scam, an effort to give legal legitimacy to a campaign to ignore and undermine the Second American Revolution, the 13th, 14th, and 15th "equal protections" Amendments enacted after the Civil War.