Justice Samuel Alito Got Out Of Bed on The Perry Mason Side

In this week’s big voting rights case, Alexander v. South Carolina State Conference of the NAACP, the Supreme Court heard arguments concerning whether to uphold a South Carolina congressional map that is avowedly partisan (everyone agrees it favors Republicans, but partisan gerrymanders are A-OK under SCOTUS precedent). What is disputed here is whether the mapmakers relied on race to reach their partisan aims. A three-judge panel in South Carolina found it to be a racial gerrymander, and threw out the map. In arguments on Wednesday, it became clear that the high court’s conservatives would rather toss out the evidence the lower court used to reach its decision, an unusual move for the highest court in the land, but perhaps the bed it’s made for itself after ruling partisan gerrymanders non justiciable in Rucho v. Common Cause in 2019. And so SCOTUS cos-played as a trial court for two hours on Wednesday.

On this week’s Amicus, Dahlia Lithwick is joined by Leah Aden, senior counsel at the NAACP Legal Defense Fund who argued the case on behalf of the South Carolina Conference of the NAACP, and Taiwan Scott - a South Carolina voter and individual plaintiff in the case, who says the electoral power of his Gullah Geechee community is suppressed by the gerrymander. 

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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.

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