Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Judges have no role in evaluating partisan gerrymandering, Supreme Court rules

There is no constitutional limit to the use of political muscle in drawing legislative boundaries to favor the party in power, the Supreme Court ruled on Thursday.

The decision is a landmark setback for those who view partisan gerrymandering as one of the biggest problems plaguing American democracy. Rather than work with new judicial tests for the limits lawmakers can go to in crafting congressional and state legislative district lines for partisan gain, advocates of redistricting reform will instead need to redouble their efforts to drain politics out of electoral mapmaking state by state.


Partisan gerrymandering claims present political questions "beyond the reach of the federal courts," Chief Justice John Roberts wrote for the 5-4 majority: "None of the proposed tests for evaluating partisan gerrymandering claims meets the need for a limited and precise standard that is judicially discernable and manageable."

The justices upheld congressional districts in North Carolina drawn by the GOP and in Maryland drawn by the Democrats. The ruling also casts in doubt decisions by lower federal courts this spring that held the Republican-dominated congressional maps in Ohio and Wisconsin were unconstitutional

The five conservative justices said that federal courts should defer to the will of state mapmakers because there exists no clear standard to determine when a map is so egregiously drawn in favor of one party that it violates the Constitution.

The court's four liberal justices disagreed, saying the court was obligated to intervene in cases when the state's majority party has drawn a map for the purposes of maintaining power.

"For the first time ever, this court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities," Justice Elena Kagan wrote for the dissenters. "The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives."


Read More

Trump’s Anti-Latino Racism is a Major Liability for Democracy

Close-up of sign reading 'Immigrants Make America Great' at a Baltimore rally.

Trump’s Anti-Latino Racism is a Major Liability for Democracy

Donald Trump’s second administration has fully clarified Latinos’ racial position in America: our ethnic group’s labor, culture, and aspirations are too much for his supporters to stomach. The Latino presence in America triggers too many uneasy questions (are they White?), too many doubts (are they really American?), and too much resentment (why are they doing better than me?).

Trump’s targeted deportations of undocumented Latinos, unwarranted arrests of Latino citizens, and heightened ICE presence in Latino neighborhoods address these worries by lumping Latinos with Black people. Simply put, we have become yet another visible population that America socially stigmatizes, economically exploits, and politically terrorizes because aggrieved White adults want to preserve their rank as our nation’s premier racial group. The cumulative impacts are serious: just yesterday, an international panel of investigators on human rights and racism, backed by the U.N., found that such actions have resulted in “grave human rights violations.”

Keep ReadingShow less
Just the Facts: The SAVE Act and the Future of Voter ID Rules
A close up of a window with a sticker on it
Photo by Zach Wear on Unsplash

Just the Facts: The SAVE Act and the Future of Voter ID Rules

Last week, I wrote a column in the Fulcrum entitled “Just the Facts: Voter ID, States’ Powers, and Federal Limits.” The facts presented in that writing made it clear that the U.S. Constitution does not require voter ID and left almost all election administration—including voter qualifications—to the states. However, over time, constitutional amendments and federal statutes have restricted states’ ability to impose discriminatory voting rules, but they have never mandated voter ID.

The SAVE America Act

The national debate over voter ID has entered a new phase with the introduction of the SAVE America Act, the most sweeping federal voter‑identification and citizenship‑documentation proposal in modern history. For more than two centuries, voter eligibility rules—ID included—have been primarily a matter of state authority, bounded by constitutional protections against discrimination. The SAVE America Act would shift that balance by imposing federal requirements for both photo identification and documentary proof of citizenship in federal elections.

Keep ReadingShow less
Posters are displayed next to Sen. Ted Cruz (R-TX) as he speaks at a news conference to unveil the Take It Down Act to protect victims against non-consensual intimate image abuse, on Capitol Hill on June 18, 2024 in Washington, DC.

A lawsuit against xAI over AI-generated deepfakes targeting teenage girls exposes a growing crisis in schools. As laws struggle to keep up, this story explores AI accountability, teen safety, and what educators and parents must do now.

Getty Images, Andrew Harnik

Deepfakes: The New Face of Cyberbullying and Why Parents, Schools, and Lawmakers Must Act

As a former teacher who worked in a high school when Snapchat was born, I witnessed the birth of sexting and its impact on teens. I recall asking a parent whether he was checking his daughter’s phone for inappropriate messages. His response was, “sometimes you just don’t want to know.” But the federal lawsuit filed last week against Elon Musk's xAI has put a national spotlight on AI-generated deepfakes and the teenage girls they target. Parents and teachers can’t ignore the crisis inside our schools.

AI Companies Built the Tool. The Grok Lawsuit Says They Own the Damage.

Whether the theory of French prosecutors–that Elon Musk deliberately allowed the sexualized image controversy to grow so that it would drive up activity on the platform and boost the company’s valuation–is true or not, when a company makes the decision to build a tool and knows that it can be weaponized but chooses to release it anyway, they are making a risk-based decision believing that they can act without consequence. The Grok lawsuit could make these types of business decisions much more costly.

Keep ReadingShow less