Why We Can’t Quit Racial Redistricting

Why We Can’t Quit Racial Redistricting

The Supreme Court enjoys creating catch-22 scenarios. It has generated numerous instances. For example, it holds that the Free Exercise Clause forbids anti-religious discrimination, but also holds that the Establishment Clause sometimes requires anti-religious discrimination. It says that the Civil Rights Act prohibits race discrimination, but it created the disparate impact theory of liability, which sometimes requires race discrimination. And …