There were good tidings in Virginia in the late spring of 2018. The US Fourth Circuit Court of Appeals ruled that the redistricting done by the GOP in 2011 for the Commonwealth’s House of Delegates was racially motivated and ordered a redrawing of the lines. Jeremy M. Lazarus of The Richmond Free Press reported the story and I sent a letter to underscore that this was happy news but that the battle to ensure proper access to the ballot was not over. Rereading the thing, I would amend it. I, like some others, made too much of the decline in Black participation in presidential voting from the high level of 2012 to a lower one in 2016. The larger problem is the appallingly low participation by voters of all backgrounds, an apathy that paves the way for the minority rule conservatives covet.
Jeremy M. Lazarus, “Federal Court Orders Redrawing of State House Districts by Oct. 30,” The Richmond Free Press, 28-30 June 2018 (http://richmondfreepress.com/news/2018/jul/01/federal-court-orders-redrawing-state-house-distric/).
The order by the US 4th Circuit Court of Appeals to redraw districts for the Virginia House of Delegates is welcome news. The unsubtle gerrymandering perpetrated by the GOP-controlled General Assembly in 2011 contributed to Democrats remaining in the minority (49-51) in the House of Delegates despite having won the statewide vote by a near landslide last November.
No one, however, should assume that the matter is settled beyond contestation. The state GOP may choose to appeal the decision. Should the US Supreme Court intervene, the omens are not promising for advocates of voting rights. The court’s refusal last week to act in cases involving gerrymandered US House districts in Wisconsin and Maryland, coupled with Justice Anthony Kennedy’s retirement, President Trump’s vow of a speedy nomination, and Senate Majority Leader Mitch McConnell’s promise of a lightspeed confirmation, will likely produce a Supreme Court less inclined to rule against cynical efforts to abridge the right to vote and to intimidate and discourage qualified voters.
The Supreme Court’s changing complexion jeopardizes the hard-won gains made by African Americans and potentially will undermine LGBTQ rights, women’s control of their own bodies, collective bargaining by workers, curbing of corporate misconduct, and a host of other priorities. The most effective defense against the unraveling of a sensible progressive agenda remains the ballot box. Regaining control of the House and, if possible, the Senate by Democrats in the upcoming midterm elections is crucial and no voting demographic is more important than African Americans. Colbert King noted recently (“Decades of Progress Are Threatened,” The Washington Post, 30 June 2018, A15 [www.washingtonpost.com/opinions/decades-of-progress-are-in-peril/2018/06/29/b93edcaa-7bbb-11e8-93cc-6d3beccdd7a3_story.html]) that African-American participation dropped to 59.6 percent in 2016 from 66.6 percent in 2012, a decline that contributed materially to Donald Trump’s ascent. The president has crowed about this very fact to his adoring crowds. Erosion of rights, especially the right to vote, is best warded off by their continuous and informed exercise at every level of government.
Virginia has off-year elections for statewide offices and state legislative seats. Kentucky does this too. This depresses turnout, probably a feature, not a bug. The only upside to this custom is that it makes the Commonwealth a gauge for the electorate’s mood; more about that later.
The off-off-year elections also ensure an extra season of bloviating punditry. As the 2017 election neared, The Richmond Times-Dispatch printed an unsigned editorial asserting that the US Supreme Court could not and should not do anything about gerrymandering of federal and state legislative seats. The newspaper adopted this stance just as litigation arising from toxically, almost comically, gerrymandered Wisconsin reached the high court. Interesting timing, that.
The Supreme Court’s decision hinged on the whims of Anthony Kennedy, who had long dithered by braying about his need for a precise measure of the bias driving gerrymandering. This reads to me as motivated obtuseness. He balked yet again and soon afterward retired, his work done. The Supreme Court’s present composition likely will make this the final opportunity for the high court to address the issue. It’s just another step in the normalization of minority rule. Sigh. For whatever it’s worth, The Richmond Times-Dispatch gave me another gold star. Be still my heart.
“Gerrymander Is Awful. The Supreme Court Isn’t the Answer,” The Richmond Times-Dispatch, 5 October 2017 (https://richmond.com/opinion/editorial/editorial-gerrymandering-is-awful-the-supreme-court-isnt-the-answer/article_fc6ab70e-8ec9-5d09-b92c-928ae9f71023.html).
“Today’s Gerrymandering Is Undemocratic,” The Richmond Times-Dispatch, 22 October 2017, E2 (https://richmond.com/opinion/letters-to-editor/cod-oct-22-2017-todays-gerrymandering-is-undemocratic/article_45384630-bf60-500e-924b-6f9faa241a30.html).