

Drive-By Rulings | Interview: J. Joel Alicea
Aug 7, 2025
J. Joel Alicea, a professor at Catholic University's Columbus School of Law, dives deep into race-conscious redistricting and the complexities surrounding it. He and hosts Sarah Isgur and David French discuss pivotal Supreme Court cases and the challenges of balancing racial demographics in congressional mapping. Alicea also critiques the evolution of originalism, humorously engages with listener questions, and emphasizes the importance of historical context in legal interpretations, shedding light on the dynamic nature of constitutional law.
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Congressional Acquiescence on VRA Lawsuits
- Private right of action under the Voting Rights Act is controversial despite decades of individuals suing.
- Congressional acquiescence suggests Congress implicitly approves the private right of action by inaction or amendments.
Uncommon Court Action on QPs
- Supreme Court rarely rewrites questions presented and holding over cases with new issues is unusual.
- Louisiana v. Callais was held over with a new question presented, indicating disagreement among justices.
Overlap of Racial and Partisan Gerrymanders
- Racial and partisan gerrymanders often overlap in Deep South states, making them difficult to distinguish legally.
- Maps that maximize partisan advantage may unintentionally create racial gerrymanders due to voting patterns.