Thomas: Courts Should Ignore Racist Gerrymandering

Slate reports:

The Supreme Court, he argued, should overrule every precedent that limits gerrymandering—including the landmark cases establishing “one person, one vote”—because it has no constitutional power to redraw maps in the first place. And he places much of the blame for the court’s allegedly illegitimate intrusion into redistricting on a surprising culprit: Brown v. Board of Education.

Brown was, of course, the 1954 decision holding that racial segregation in public education violates the equal protection clause. “The view of equity required to justify a judicial map-drawing power emerged only in the 1950s,” Thomas wrote. “The court’s impatience with the pace of desegregation caused by resistance to Brown v. Board of Education led us to approve extraordinary remedial measures.”

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