Join me along with the a power packed panel of my expert colleagues online this Thursday!: www.brennancenter.org/events/next-...

Louisiana is now arguing against its own congressional map and asking SCOTUS to gut the Voting Rights Act. @kareemcrayton.bsky.social spoke to The Advocate about how the state's history of racial discrimination in voting is one of many reasons the VRA is needed.

@kareemcrayton.bsky.social was on ABC's Start Here pod to talk about Utah's congressional map, why it was struck down, and how Prop 4, a voter-approved anti-gerrymandering measure, has been restored after the state legislature's attempts to weaken it.

For the first time since its founding over 400 years ago, New York City soon won't run its own jails. Instead a federal judge will.

My latest for @brennancenter.org unpacks the road ahead for the troubled jails — including Rikers Island. www.brennancenter.org/our-work/ana...

SCOTUS appears bothered by this doctrine at the very moment R legislatures in the South whose interests are being constrained by its application. Kennedy of course is no longer on the court and doesn’t have to answer for it. But it shouldn’t be forgotten that this is a house that he help build.

And there's a broader attack on Section 2 as a whole. Based on a case out of LA last term, SCOTUS has asked for re-argument on whether Sec 2 aligns w 14th and 15th Ams –including the “racial gerrymandering” doctrine.

Since 1965, both the DOJ and individual plaintiffs could sue under Sec 2. As w most laws “private AGs” extend anti-discrimination law and allow voters to defend their own rights. But two appellate courts now have questioned if Congress eever intended that.

That brings us to today. Departing SCOTUS after denying a court role to ban partisan gerrymandering, Kennedy has left a terrain where Sec 2 is in doubt. While SCOTUS upheld the constitutionality in the recent AL litigation Allen v. Milligan, attacks have increased. Two in particular are of note:

The evidence since 2013 confirms the silliness of that claim. Although CJ Roberts drafted the opinion, Kennedy’s comments during the argument are noteworthy. He insisted that Section 5 was not so important because plaintiffs could always rely upon bringing claims under Section 2 of the VRA.

His hints got louder in 2013, when he cast the 5th vote to render Section 5 of the VRA ineffective The opinion was ridiculous, mostly in asserting that Sec 5 was no longer needed because AL learned its lesson since 1965 (despite evidence legislators regularly violated the standards in the law).

Kennedy joined this same group to raise questions Sec 5 of the VRA. New state voting laws (like new maps) had to be reviewed by federal offiicals to assure they didn't reverse political opportunities for voters of color. Kennedy often hinted his doubts about the continued use of this authority.

Kennedy and O’Connor joined conservatives to create a standard in the 14th Am – “racial gerrymandering.” Districts only explainable by race violate the standard, which limited D legislatures trying to balance concerns about fellow incumbents & laws to create opportunity for black communities.

Kennedy was sometimes willing to uphold findings of race discrimination in redistricting, including under Sec. 2 of the Voting Rights Act. That provision blocks new maps w the effect of limiting opportunity for voters of color to elect preferred candidates. Then something happened in the '90s.

Kennedy joined the court in 1986 when where things were balanced w votes right & the left. Kennedy and Justice O’Connor (both westerners) often found themselves sitting in the middle. Generally, that worked well for centrist arguments ... but on matters of race, the record is pretty mixed.

This after decades of hinting that he believed the constitution limits unbridled partisanship. But Kennedy should ALSO take ownership of the pending crisis we are experiencing with the Voting Rights Act. Since we’ve reached another anniversary (hopefully not its last!), let me explain why:

Earlier, and elswhere, I discussed how Anthony Kennedy should be remembered for creating the mess right now playing out in the country on redistricting. TLDR: He whiffed on the opportunity to use his swing vote on the Court to ban mid-decade redistricting and later, partisan gerrymandering.

I have some thoughts to share on why Anthony Kennedy bears responsibility for the looming redistricting madness nationwide. From over at the other place… x.com/kareemcrayto...

"The question everybody needs to think carefully about is what you’re willing to do to defend [the right to vote], because ...we have it only in so much as we’re able to use it," @kareemcrayton.bsky.social to @nyamnews.bsky.social ahead of the Voting Rights Act's 60th anniversary.

@msnbc.com points to our piece on the Trump admin's use of force against Sen. Padilla: "The disturbing incident in Los Angeles reflects this administration’s alarming tendency to use federal officers to squelch dissenting voices," writes @kareemcrayton.bsky.social

Our event on birthright citizenship with @marthasjones.bsky.social @katemasur.bsky.social @kareemcrayton.bsky.social Erika Lee and me is now a podcast! Download it here 👇🏻

We have entered a new and dangerous era where government force is being used against elected officials whose job is to engage and speak up. This is not how democracies operate. www.brennancenter.org/our-work/ana...

⏰Today at 12:30 PM Eastern - Leading historians @katemasur.bsky.social @marthasjones.bsky.social and Erika Lee join @kareemcrayton.bsky.social and me to talk the history of birthright citizenship. @brennancenter.org @oah.org

Link to register 👇🏻 brennan.swoogo.com/birthrightci...

And recent history has sadly made mockeries of both these Recomstruction provisions and the clear intention behind them.