Supreme Court creates different rules for red and blue states

Añadido: 2026-05-12

[00:00:00]There's obviously a lot about the Supreme Court's recent Voting Rights Act decision and the subsequent mad dash in red states to eliminate all black districts to be upset about. But there's one point about this decision that should shock every single one of us. And it's something that's flying completely under the radar. So, normally Supreme Court decisions don't go into effect right away. And the same would be true of the Supreme Court decision gutting section two of the Voting Rights Act, the Cala decision. The parties would have 32 days to seek clarification or rehearing on specific aspects of the ruling. And that's really important here because voters are already voting in primary elections. So every day is important. And normally when we get too close to an election, a doctrine called PCEL kicks in. With PCEL, there can't be changes too close to an election because it'll cause too much confusion. Back in January of 2022, black voters in Alabama won a victory in court where they were granted a second black opportunity district. That's a big win, right? Not exactly. Because according to Democracy Docket, just 10 days later, the Supreme Court weighed in. Quote, "Late judicial tinkering with election laws can lead to disruption and to unanticipated and unfair consequences for candidates, political parties, and voters, among others." Justices Kavanaaugh and Alo wrote, "The primary was nearly four months away. The primary was 4 months away, but still that was too close to the election for the Supreme Court to allow it. So, the voters in Alabama were stuck with illegal maps because the Supreme Court justices thought that it was just that important that the voters don't contend with confusion so close to an election. In January of an election year with primaries 4 months away, or let's look more recently in November 2025, just this past fall, black and Latino voters won a victory in Texas, proving that that state's map was an unconstitutional gerrymander. Another big win, right? Again, not quite because again, according to democracy docket, 2 weeks later, the Supreme Court stayed that order, holding that in granting minority voters relief, the district court improperly inserted itself into an active primary campaign, causing much confusion and upsetting the delicate federal state balance in elections. And just like in Alabama, the Texas congressional primary was not until March 3rd, 2026, 4 months away. So, the voters in Texas were stuck with illegal maps because again, the Supreme Court justices thought it was just that important that voters don't contend with confusion so close to an election in November of an off year with primaries 4 months away. So, now you have some background here. In Alabama and in Texas, the Supreme Court conceded that voters were denied their legal representation because with primaries four months away in both cases and the election itself between 11 and 12 months away, it was simply not possible to change the existing illegal maps because of that disruption, because of the unanticipated and unfair consequences, because of the confusion, because of upsetting the delicate balance. All their words, not mine. Now, on April 29th, 2026, the Supreme Court issued its decision in Calala, gutting what's left of the Voting Rights Act. On May 4th, 2026, the Supreme Court granted a request to make that judgment immediately effective, bypassing the usual 32-day waiting period. The decision was handed down as more than 104,000 Louisiana voters had already cast early votes in the primary election and as over 42,000 absentee ballots had been submitted before Governor Landry of Louisiana ultimately suspended the congressional primaries. So, forget about suspending the implementation of the decision because an election months away might be impacted. more than a 100,000 votes had been cast. And the Supreme Court, the same Supreme Court that forced Alabama to to to vote using illegal maps, the same Supreme Court that forced Texas to vote using illegal maps, so concerned were they about any changes months before an election might cause. That Supreme Court allowed Louisiana voters to bypass the regular course of order during an election where more than a 100,000 votes had been cast because they were just that [ __ ] eager to disenfranchise voters in that black opportunity district in Louisiana.

[00:04:14]Not a word about disruption, about the unanticipated and unfair consequences, about the confusion, about upsetting the delicate balance. They not only weren't concerned about the prospect of interfering in an upcoming election, they were perfectly content to undermine an ongoing election. Every precaution is taken when the beneficiaries will be white Republicans. No such precautions are taken when the beneficiaries will be black, brown, or democratic. The Supreme Court justices are not neutral arbiters of the law. They never were and they aren't now. The Republicans are not partners in democracy. They never were and they aren't now. We get nowhere by conferring goodwill to the other side.

[00:04:58]We get nowhere seeking compromise with the other side. As I write in my new book, The Day After about this antiquated notion of compromising with a party that never returns the favor, one of the great fallacies of the Biden, Obama, and Clinton years is the notion that if only Democrats would compromise with their Republican counterparts, their goodwill would be duly reciprocated. If only they capitulate to the GOP this time. This time the right will lay down its arms and a golden era of bipartisanship would emerge. I'll hold the ball, Lucy explains to Charlie Brown, and you come running up and kick it. When Republicans are in control, they wield power in a take no hostages manner. When Democrats are in control, they seek compromise, practice good governance, defend the institutions of government, and even make sacrifices to the minority in the hope that their selflessness, their righteousness, and their virtue will be rewarded. As was the case with Clinton, Obama, and Biden, they never are. Lucy isn't known for letting Charlie kick the football. I even wrote about the issue of gerrymandering, specifically recognizing the extent to which this issue is the perfect microcosm for the impetence of the left and the corruption of the right. Quote, "How have Republicans managed to skew democracy so much?

[00:06:08]Because they pursue power over principle, whereas too many Democrats pursue fairness and good government.

[00:06:12]Republicans controlled the drawing of 191 of the districts in 2024 compared to only 75 controlled by Democrats. The rest of the House districts were drawn by commissions, courts, or divided state governments. In the Democratic strongholds of California and New York, there are independent redistricting commissions. In Texas and Florida, there is no such thing. In Republicancontrolled districts, there is little legal recourse to correct the maps. In their largely conservative courts, the judges often refrain from interfering with map schemes, unlike the mostly liberal courts reviewing maps in Democratic districts. Now, I wrote this book because there is very clearly an asymmetry at play between the two sides and that if we don't confront it, if we don't rectify it, we will lose our democracy. Remember, Republicans do not care about this democratic republic.

[00:06:55]They care about winning at all costs.

[00:06:56]That's it. If that means the US has to devolve into an illiberal democracy, they're fine with that. They will wield the FCC against the media. They will suppress votes that aren't for them.

[00:07:06]They will entrench minority rule. I wrote this book as a blueprint for how to fight back, how to actually wield power effectively when we get it while we still have the chance to wield it. If you'd like to support my work and this message, I ask that you please pre-order a copy today at the link on the screen, in the post description, or in the comments of this video. I really appreciate it. And part of fighting back right now is recognizing that the time for politics as usual is gone. Now is the time to use every tool at our disposal because winning is existential.

[00:07:36]I've said this before and I'll say it again. If Republicans are gerrymandering Democrats out of existence in every state they control, we absolutely must fight back. That means Democrats in New York, New Jersey, Maryland, Colorado, Illinois, Washington, Oregon, all need to start moving right now, today, to redraw their maps for full democratic control. I get it. It's not good government. But if we lean on good government solutions, we are going to good government ourselves into obscurity. We need to be aggressive, creative, and frankly ruthless because that's the only way we emerge from this thing. And if any Democrats don't have the stomach, make way for those who do.

[00:08:14]Because we gain nothing by sticking our heads in the sand and pretending that none of this is happening. The only way we actually emerge from this is if we fight hard and fight to win.

[00:08:25]Before you go, I'm very excited to announce that I've written a new book titled The Day After: How to Wield Power in a PostTrump World. The book explores what is, in my opinion, the single most important theme that we're dealing with in politics today and moving forward.

[00:08:39]Power. Specifically, how Republicans abuse it and how Democrats refuse to wield it. This book explains how we got here and more importantly, how we should finally wield power if we're lucky enough to get it back. It is the blueprint for progressives who want to do far more than just restore the status quo. Please pre-order today by following the link on this screen. You can grab yours from any of the major retailers like Amazon and Barnes & Noble, or scroll down on the page and get a copy from an independent bookstore closest to you. Thanks so much for supporting Independent Media.