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Jonathan Turley: Slow walking the Callais decision was intentional and political

Posted on 5/5/26 at 9:56 am
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66638 posts
Posted on 5/5/26 at 9:56 am
quote:

At issue is the finalization of the Court’s opinion in Louisiana v. Callais, where the Court ruled 6-3 to ban racial gerrymandering. The Court reaffirmed the use of Section 2 of the Voting Rights Act to ban intentional racial discrimination in the design of voting districts, but effectively found many districts to be unconstitutional in their current form.

There is no reason why the decision should not be finalized except for a blatantly partisan effort to protect the Democrats from losing seats in the midterm elections. After all, if these districts are unconstitutional, why should states guarantee that voters are given representatives chosen free of racial discriminatory preferences?

That question is even more confusing given the long wait for this opinion. Not only was the case reargued, but there were growing complaints about the delay in releasing the opinion.

Complaints increased after a recent book allegedly reported that Justice Elena Kagan had a vocal confrontation with her colleague, former Justice Stephen Breyer, over his push to release the dissents in Dobbs after the leaking of that opinion. Breyer reportedly agreed with Chief Justice John Roberts that the conservative justices were facing increased death threats due to the delay. Kagan allegedly wanted to further delay the release.

In the Callais decision, the delay was curious since there were six solid votes for the majority and not more of a fracturing of opinions. Indeed, the majority opinion’s references to the Kagan dissent are relatively brief. Nevertheless, the delay has made it very difficult for states to make changes. A few are moving to delay their primaries or draw new maps under extremely tight calendars.

Regardless of the delay, there is no cognizable or principled reason to withhold the opinion to preserve unconstitutional districts. The case has already been on the docket for an unusually long time due to a reargument.

Jonathan Turley dot org
Posted by Champagne
Sabine Free State.
Member since Oct 2007
55274 posts
Posted on 5/5/26 at 9:58 am to
There are MANY things done in our country to enhance and/or preserve the political power of radical Leftist black people in the USA. Not all of the things done are strictly legal or even moral or even honest.
Posted by CR4090
Member since Apr 2023
9474 posts
Posted on 5/5/26 at 10:01 am to
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66638 posts
Posted on 5/5/26 at 10:18 am to
More from Turley:

quote:

Jackson stood alone in demanding that the unconstitutional districts be effectively preserved for the purposes of this election — guaranteeing Democratic seats in the midterm that could be lost in non-racially discriminatory districts. Neither Kagan nor Justice Sonia Sotomayor would join her in the dissent, despite dissenting from the Callais decision itself.

However, it was her language again that drew the attention of her colleagues.

Justice Jackson lambasted the court’s ruling “has spawned chaos in the State of Louisiana.” In an Orwellian twist, Jackson suggested that others were playing politics as she sought to effectively protect unconstitutional Democratic districts. She suggested that the case exposed “a strong political undercurrent.”

In arguably the most insulting line, she lectured her colleagues that this case “unfolds in the midst of an ongoing statewide election, against the backdrop of a pitched redistricting battle among state governments that appear to be acting as proxies for their favored political parties.”

She further said that, rather than maintain “the appearance of partiality,” the Court’s action “is tantamount to an approval of Louisiana’s rush to pause the ongoing election in order to pass a new map.”

Justice Alito had had enough. He noted that her reliance on the 32-day period was a “trivial” objection that put form above substance since no party had asked for reconsideration. It would be waiting for 32 days for no purpose, while the other parties had stated a reasonable and pressing need to finalize the opinion.

He chastised Jackson for a dissent that “lacks restraint.” He denounced the dissent as making “baseless and insulting” claims. He particularly objected to the charge that her colleagues were engaging in an unprincipled use of power” as a groundless and utterly irresponsible charge.”
Posted by L.A.
The Mojave Desert
Member since Aug 2003
66638 posts
Posted on 5/5/26 at 10:19 am to
quote:

What is even more chilling than Jackson’s jurisprudence is the fact that she is often cited as the model for Democrats seeking to pack the Court with an instant majority if they retake power.

Jackson recently told ABC News that “I have a wonderful opportunity to tell people in my opinions how I feel about the issues, and that’s what I try to do.” For some of her colleagues, that cathartic benefit is coming at too high a cost for the Court.

Posted by coolpapaboze
Parts Unknown
Member since Dec 2006
21803 posts
Posted on 5/5/26 at 10:33 am to
Jackson will end up radicalizing the conservative justices. She's certainly not going to bring any of them over to her side.
Posted by LuckyTiger
Top 1% On Onlyfans
Member since Dec 2008
52452 posts
Posted on 5/5/26 at 10:45 am to
If Democrats win in November, they will put at least 4 more Kentanjis on the Court.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
89024 posts
Posted on 5/5/26 at 10:48 am to
There needs to be a Constitutional amendment (not mere legislation) fixing the number of SCOTUS justices at 9.
Posted by Timeoday
Easter Island
Member since Aug 2020
22953 posts
Posted on 5/5/26 at 2:51 pm to
“There is another class of coloured people who make a business of keeping the troubles, the wrongs, and the hardships of the Negro race before the public. Having learned that they are able to make a living out of their troubles, they have grown into the settled habit of advertising their wrongs — partly because they want sympathy and partly because it pays. Some of these people do not want the Negro to lose his grievances, because they do not want to lose their jobs.”


- Booker T. Washington - 1903

I bet you can name several today who act exactly like those described by Booker T. in 1903. You know he is rolling in his grave.
Posted by Vacherie Saint
Member since Aug 2015
47572 posts
Posted on 5/5/26 at 2:59 pm to
The idea that race is a defining trait for political representation is, in and of itself, racist.
Posted by Mo Jeaux
Member since Aug 2008
63649 posts
Posted on 5/5/26 at 3:02 pm to
quote:

If Democrats win in November, they will put at least 4 more Kentanjis on the Court.


There’s no presidential election this November.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 5/5/26 at 3:08 pm to
quote:

Jackson stood alone in demanding that the unconstitutional districts be effectively preserved for the purposes of this election — guaranteeing Democratic seats in the midterm that could be lost in non-racially discriminatory districts. Neither Kagan nor Justice Sonia Sotomayor would join her in the dissent, despite dissenting from the Callais decision itself.


Because it is absurd on its face. An unconstitutional act is unenforceable - not just unenforceable when it becomes politically convenient.
Posted by Indefatigable
Member since Jan 2019
37270 posts
Posted on 5/5/26 at 3:22 pm to
quote:

Democrats win in November, they will put at least 4 more Kentanjis on the Court.

Trump is going to nominate them?
Posted by Rebel
Graceland
Member since Jan 2005
143795 posts
Posted on 5/5/26 at 3:27 pm to
quote:

If Democrats win in November, they will put at least 4 more Kentanjis on the Court.


can you explain this in greater detail? if the Dems were to win every single house and senate race, how would they pack the court?

Posted by TheBeezer
Texas
Member since Apr 2013
2208 posts
Posted on 5/5/26 at 3:36 pm to
Waiting for SloFloPeen to pipe in with his 2 cents saying the delay is totally justified...
Posted by Meauxjeaux
102836 posts including my alters
Member since Jun 2005
46889 posts
Posted on 5/5/26 at 4:07 pm to
quote:

There needs to be a Constitutional amendment (not mere legislation) fixing the number of SCOTUS justices at 9.


Trump needs to expand the court to 999 justices, get rid of Thune and push them all through in the next two years, and lock the number at 999 for eternity.
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