There is no question the U.S. Supreme Court is in the process of dismantling the 1965 Voting Rights Act, which has allowed the federal courts to dictate, direct, and draw gerrymandered Democratic districts throughout the South for the past 60 years.
There is no question that the 1964 Civil Rights Act and 1965 Voting Rights Act were necessary and the right remedies to enact to secure equal rights for all American citizens. The Voting Rights Act was the most necessary. As late as 1960, black citizens were essentially precluded from voting in Alabama in overt fashion.
Alabama’s population was, and still is, around 30% African American. The voting age population is 27% African American. Out of that 27% in 1960, only about 1% were allowed to vote due to discriminatory Jim Crow literacy tests and poll tax laws. The few black voters were the elite preachers, funeral home directors, and college presidents.
After the passage of the 1965 Voting Rights Act, it was “Katie bar the door.” It was immensely apparent that black people in the South had a generational aspiration to exercise their inherent right to vote. The proof in the pudding came in the 1966 Democratic Primary and General Election that next year. There was a higher percentage of black voters in 1966 than white voters, which was amazing.
However, the measures taken to secure equal rights for all American citizens were effective, and that wrong has since been righted. In fact, the most intrusive sections of the Voting Rights Act, which mandated that the five Deep South states required preclearance from the U.S. Justice Department before changing any voting laws or even polling locations, were set to expire in 1970. It was renewed, routinely, by Congress over the years.
The Constitution clearly gives the power of the pen to state legislatures to draw their states’ own congressional and legislative districts. The Supreme Court has consistently ruled to uphold that inherent and clear state’s right.
They have stated that it is a political decision and power. If a state like California, New York, or Massachusetts has a Democratic majority legislature, they can and have drawn gerrymandered districts that favor Democrats. Conversely, if Republican states like Oklahoma, Nebraska, or Wyoming have a Republican majority legislature, they can draw Republican gerrymandered districts.
However, the deep South states of Alabama, Louisiana, South Carolina, and Mississippi have been prohibited from drawing their own congressional and legislative lines due to the Voting Rights Act.
The Supreme Court is saying that there comes a time when a wrong has been righted. The sins of the father should be righted for only so long. The grandchildren and great-grandchildren of white Southerners should not be penalized for something that occurred generations ago. It is actually reverse discrimination.
Indeed, a good many young, white Republicans in Alabama grew up in other states. It is probably perplexing to a young engineer in Huntsville as to why a federal judge decreed their power extends to drawing lines that destroy communities of interest and declares that they go into a district that extends to Mobile to create a black Democratic gerrymandered district.
The June 2nd U.S. Supreme Court ruling in the ongoing Voting Rights Act case of Milligan v. Allen indicates clearly that the Court is going to reverse the lower three-judge panel’s 2023 decision to draw racially discriminatory congressional maps.
The Supreme Court’s 6-3 decision clearly indicates they are poised to rule in favor of Alabama in a final decision to reverse Milligan and declare the nail in the coffin of the Voting Rights Act.
The effect on Southern and national politics is monumental. There will be a shift of probably 10-15 Congressional Seats moving from Democratic to Republican in the South. Tennessee, South Carolina, Mississippi, and Louisiana have already moved expediently.
Governor Ivey and our Republican Legislature moved quickly and prudently to capitalize on the anticipated Supreme Court decision.
In the May Special Session called by the Governor, the legislature enacted a plan that calls for a 6 to 1 Republican to Democratic Congressional district plan, similar to what was in place for over 30 years prior to Milligan.
For those who say Alabama is the more racist of the Southern states, I disagree. Our sister southern states are going all out and wiping out all Democratic districts. Our approach is fairer and more prudent.
We will vote next Tuesday in a Special Election on the new Congressional District 1, District 2, District 6 and District 7.
Vote next week.
Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at [email protected].
