Because of Roberts’s 5-4 decision in Allen v. Milligan, Alabama, race relations, and constitutional law all may fundamentally be harmed.Against separate, spirited dissents from Justices Clarence Thomas and Samuel Alito, who were joined in whole or part by Justices Neil Gorsuch and Amy Coney Barrett, the Supreme Court majority invalidated Alabama’s congressional district maps, essentially ordering the state to produce two “black-majority” districts among its seven.
As Thomas noted, Alabama’s population distribution is such that the only way to create a second black-majority congressional district is to abandon race-neutral principles and make race the predominant “precondition” for figuring out where to draw district lines.
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