SCOTUS Clears Way for Alabama to Use Congressional Map
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In this episode of Advisory Opinions, hosts Sarah Isger and David French dissect the Supreme Court's emergency ruling in Alabama's redistricting case, which vacated a lower court's injunction against the state's congressional map despite a 6-3 decision. The Court allowed Alabama to use its single majority-minority district map for the upcoming election, sending the case back to the lower court for reconsideration under the new precedent set by Allen v. Milligan. The hosts debate the legal and political implications, particularly the tension between Section 2 of the Voting Rights Act and the 14th Amendment's Equal Protection Clause, and question whether the lower court’s constitutional finding was truly independent. They also analyze Virginia’s appeal to the Supreme Court over a partisan gerrymander struck down by its state Supreme Court, questioning whether the state’s argument invoking the independent state legislature doctrine is credible. The episode further explores a Ninth Circuit case on the Lanham Act, using a dispute over who invented the first biodegradable cooler to illustrate the judicial divide between institutionalist (Kavanaugh-style) and textualist (Gorsuch-style) approaches. Finally, they discuss a proposed reform by Jesse Wegman at the Brennan Center to require a 7-2 or 9-0 vote to strike down an act of Congress, weighing the pros and cons of increasing consensus in judicial decisions.
The Supreme Court’s 6-3 decision in Alabama allows the state to use its current congressional map despite a prior finding of racial gerrymandering, sending the case back for reconsideration under new precedent.
The lower court’s 14th Amendment finding may have been dependent on the Section 2 violation, raising questions about whether the constitutional claim was truly independent.
Virginia’s appeal to the Supreme Court over a partisan gerrymander may be a strategic misstep, as its argument based on the independent state legislature doctrine lacks strong legal footing.
The Ninth Circuit’s split decision on the Lanham Act highlights a fundamental judicial divide: whether to interpret statutes through a broad institutional framework or strictly by plain text.
Requiring a supermajority (e.g., 7-2) to strike down an act of Congress could reduce ideological polarization but may also entrench current political advantages and hinder necessary judicial corrections.
…and 1 more takeaway available in PodZeus
Supreme Court Clears Alabama to Use Contested Congressional Map
“We're not wading into this. If you're going to make the gerrymandering claim and you're going to root it in race, an unconstitutional gerrymandering claim, and you're going to root it in race, you better bring the explicit goods.”
The Legal Tension Between Section 2 and the 14th Amendment
The hosts analyze whether the lower court’s 14th Amendment finding was truly independent of its Section 2 violation. They question whether the constitutional claim was based on evidence of racial animus or merely a consequence of the Voting Rights Act violation.
Virginia’s Appeal and the Independent State Legislature Doctrine
Virginia’s Supreme Court struck down a partisan gerrymander, prompting the Commonwealth to appeal to the U.S. Supreme Court. The hosts assess the strength of Virginia’s argument that the state court overstepped its bounds, calling it a Hail Mary.
The Ninth Circuit’s Lanham Act Case: Text vs. Institutionalism
“The question of what is the nature of a thing has vexed philosophers, physicists, and poets for millennia.”
Reforming the Supreme Court: A 7-2 Majority for Striking Down Laws?
“If Congress gets rid of the filibuster and you have a Republican majority as you do now in both houses, do they really want to raise the price of overturning an act of a Republican-controlled Congress? No!”
“The question of what is the nature of a thing has vexed philosophers, physicists, and poets for millennia.”
“Crushing the minority opposition is not a demonstration of strength. It's an admission of fear and a show of weakness.”
“I don't seek to power. I don't seek power to punish. I want to uplift.”
Hosts
sarah isger
person
david french
person
supreme court
organization
alabama
other
virginia
other
allen v. milligan
other
lanham act
other
ninth circuit
other
shane massey
person
justice sotomayor
person
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