Well, Fitzmas is past. Miers is history. Bush’s next SCOTUS pick won’t be known til next week. For the first time in ages, I don’t have a big day-job or moonlighting weekend project. My wife’s out of town on business. My kid’s away at college. Fall has finally arrived. The day is cool, crisp and windy, what I used to think of in my student days as Nietzsche Weather, when you want to go find an abyss to laugh over.In sum, it is, as Chris Schenkel used to always say, a Fine Day for Football. So in a few hours, I’ll try to find something red and black to wear, and mosey over to the local sports bar to watch the World’s Largest Outdoor Cocktail Party, Georgia versus Florida. Now to yankees and other outsiders, this rivalry probably sounds like the Bud Bowl or something–a drinking contest between two party schools.But it’s a serious thing down there, made more vicious, oddly enough, by the rivalry’s recent pattern of total domination by one team or the other.Back in the 1970s and 1980s, Georgia routinely won, often coming from behind to rout the Gators in the second half. At one point in early 80s, I watched the game with a work colleague who had gone to Florida. As the third quarter ended, Florida had a small lead, but Georgia had begun one of those soul-crushing long ball-control drives that were the hallmark of the Vince Dooley era, and my friend got up and turned off the television. “Don’t you want to watch the fourth quarter?” I asked. “I’ve been watching this fourth quarter for fifteen years,” he wearily replied. Sure enough, Georgia won. In the 90s, with the return to Gainesville of The Evil Genius (a.k.a., the Ball Coach, Steve Spurrier), Florida dominated the series, especially during the tenure in Athens of Spurrier’s polar opposite, the honorable but less-than-cerebral good-ol-boy Ray Goff (“If Georgia had to hire a Danny-Ford-type coach, they should have hired Danny Ford,” quoth one Dawg Fanatic friend of mine). With both universities beginning to establish themselves as regional academic powers, the intellectual gap on the football field was painful for Georgia fans.Now both teams have Genius coaches. Georgia is undefeated, but its quarterback and moral leader, D.J. Shockley, will miss the game with a sprained knee. If Georgia wins, the post-game assessments will write themselves, because Shockley’s replacement is a third-generation Dawg named Joe Tereshinski III, whose major role in his two previous years in Athens was as long snapper on punts. Either way, it ought to be fun. For once, Georgia is playing in the day’s marquee game. I won’t have to beg Mike the Bartender to find an obscure screen on which to watch my team. I can make barking noises on kickoffs without pretending to undergo a coughing fit. Yes, it’s a fine day for football.
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Editor’s Corner
By Ed Kilgore
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June 9: Democrats Could Gain House Seats After Surprise Supreme Court Redistricting Decision
It’s been a while since the current Supreme Court has surprised us in a good way. So I was happy to write about it at New York:
In a welcome surprise to voting-rights advocates, the U.S. Supreme Court struck down an Alabama congressional map on Thursday. In a 5-4 decision, the Court ruled in Allen v. Milligan that the Republican-controlled legislature violated Section 2 of the Voting Rights Act of 1965 by failing to draw a second majority-Black district in the state, though the state’s Black population is large enough and compact enough to do so.
The majority opinion was written by Chief Justice John Roberts, who is notorious for his past work in eroding voting-rights protections; ten years ago, the Roberts-led Court gutted Section 5 of the VRA, which required federal “pre-clearance” of state voting and redistricting decisions in states with a history of racial discrimination. But the bigger surprise was a concurrence in the decision by Justice Brett Kavanaugh, who joined four other conservative justices to set aside a lower-court decision that would have forced Alabama to create a new map before the 2022 midterms. Kavanaugh and Samuel Alito’s concurring opinion in this “shadow docket” decision emphasized the idea that the Court shouldn’t intervene in such cases close to elections. At the time it seemed that might have just been an excuse to disguise Kavanaugh’s malign attitude toward applying the VRA to redistricting cases. But now it appears he meant what he said, at least in this case.
Ultimately Roberts and Kavanaugh joined the three liberals on the Court in upholding a 1985 precedent (Thornburg v. Gingles) providing a test for determining Voting Rights Act violations in redistricting cases. In a bitter dissent, Justice Clarence Thomas accepted Alabama’s plea that the Court reverse Gingles and eliminate redistricting as an object of VRA enforcement. Thomas blasted the decision as “yet another installment in the ‘disastrous misadventure’ of this Court’s voting-rights jurisprudence” and argued for a “color-blind” approach to cases involving alleged discrimination.
The immediate effect of the decision in Allen v. Milligan will be to overturn an Alabama map that led to the election of six white Republicans and one Black Democrat to Congress. The state will be forced to create a second majority-Black (and very likely Democratic) district in the state’s Black Belt region in time for the 2024 elections. This is bad news for the Republican Party, which will be struggling to hold on to a narrow House majority. Even worse for the GOP, this decision may pave the way for fresh challenges to congressional maps in Georgia, Louisiana, and possibly other states. And there could be ripple effects in local politics and government, as the Brennan Center noted last year:
“[S]ince the Supreme Court laid out the Gingles test nearly four decades ago, Section 2 has played a far more transformative role in ensuring that voters of color have equal opportunities to participate in the political process and elect their candidates of choice at the local level than it has at the congressional or legislative levels. Just this past decade, for example, Section 2 litigation opened the door for the first time to Black representation on the city council and school board in sharply racially divided Ferguson, Missouri.”
More generally, by maintaining judicial scrutiny of racial gerrymandering, the fragile Court majority declined to give full rein to lawmakers determined to abuse their power in drawing maps for the U.S. House and for themselves. The Supreme Court has already taken the federal courts out of the business of policing partisan gerrymandering. So going forward, you can expect the Republicans who rely on marginalizing minority voters in order to hold on to power to work overtime to deny or hide racial calculations.