John Roberts might as well wear the robes of the Klan
George Wallace was sworn in as Governor of Alabama in 1963 and famously declared in his inauguration speech (written by a Ku Klux Klan leader) “segregation now, segregation tomorrow, segregation forever.” Two years later, Alabama state troopers violently broke up a nighttime voting rights march during which a police officer shot and killed young African American protester and Baptist deacon Jimmie Lee Jackson, who was unarmed and protecting his mother.
In response, civil rights leaders, including Martin Luther King and John Lewis, organized a mass march from Selma to Montgomery over the Edmund Pettus Bridge in an attempt to deliver a civil rights and voting rights message to Gov. Wallace. It became known as “Bloody Sunday” as state troopers gassed and beat the protestors, including fracturing Lewis’ skull and sending 57 others to the hospital. Televised images of the brutal attack shocked the nation, directly leading to President Johnson’s push for the Voting Rights Act of 1965.
Numerous Americans, black and white, were injured and even died fighting for the Civil Rights Act. John Roberts and his five Republican Supreme Court colleagues effectively overturned the Civil Rights Act and essentially disenfranchised black voters.
George Wallace tried to disenfranchise black voters with violent state troopers. Roberts disenfranchised black voters with the stroke of a pen. It’s not hyperbole to say that while Roberts wears the black robes of a judge, he may as well wear the white robes of the Klan.
It’s not hyperbole to say that while Roberts wears the black robes of a judge, he may as well wear the white robes of the Klan.
In her dissent to Louisiana v. Callais in which the 6-member Republican majority of the Court effectively overturned Section 2 of the Civil Rights Act, Justice Elena Kagan wrote: “The Voting Rights Act is—or, now more accurately, was—one of the most consequential, efficacious, and amply justified exercises of federal legislative power in our Nation’s history. It was born of the literal blood of Union soldiers and civil rights marchers. It ushered in awe-inspiring change, bringing this Nation closer to fulfilling the ideals of democracy and racial equality.” Kagan concluded, “ I dissent because the Court betrays its duty to faithfully implement the great statute Congress wrote. I dissent because the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity. I dissent.”
But the Court didn’t destroy the Civil Rights Act in a day. It was part of a lifelong mission by John Roberts to do so.
Starting as early as 1981, as a 26-year-old lawyer just three years out of Harvard Law School, Roberts began his campaign to undermine the Civil Rights Act. He got himself a job as Special Assistant to Ronald Reagan’s Attorney General William French Smith. Congress was about to amend the Civil Rights Act to provide that state laws would be illegal if they had a racially discriminatory effect, without having to prove that they had a racially discriminatory intent—something almost impossible to prove.
Roberts zealously took on the assignment coming up with arguments against the Amendment. Roberts wrote over 25 memos opposing the Amendment. In one, he argued that the Civil Rights Act was “the most intrusive interference imaginable by federal courts into state and local processes.”
Despite the efforts of Roberts and others in the Reagan administration, Congress passed the Amendment with overwhelming bipartisan support. Little did anyone imagine at the time that Roberts would become Chief Justice and the leader of right-wing Justices’ ultimately successful efforts to undermine the Civil Rights Act as he had initially set out to do as a young Justice Department official.
At his confirmation hearing, Roberts told the Senate “The existing Voting Rights Act, the constitutionality has been upheld and I don’t have any issue with that.” He was lying.
In 2013, Roberts got his first shot at dismantling the Civil Rights Act. In his 5-4 ruling in Shelby v. Holder, he overturned Section 5 of the Act , which required that states with a history of racist voter suppression pre-clear changes in election laws with the Justice Department to be sure they were not reinstituting racial suppression. He argued that it was no longer necessary since racism in America had diminished since the Act had been passed. In response, many states previously subject to preclearance rushed to enact new voter suppression laws.
In coming years, the Roberts Court further chipped away at the Voting Rights Act. But Roberts finally got his opportunity to make the rest of the Voting Rights Act a nullity when Louisiana v. Calais came before the Court this year. In a 6-3 opinion, which Roberts assigned to his anti-voting rights ally Justice Samuel Alito, the Court overruled the other crown jewel of the Voting Rights Act which had previously held that racially gerrymandered districts were illegal if they had racially discriminatory effect. Instead, racially gerrymandered districts would only be illegal if it can be proven that they have a racially discriminatory intent, a bar that is almost impossible to clear.
This was the argument that Roberts first made as a young Justice Department attorney back in 1982. As Chief Justice, he finally succeeded in his long campaign to revoke the Civil Rights Act.
Meanwhile, if a state can claim that it’s gerrymandering is motivated by ensuring that its political party wins, it’s totally cool with the Roberts Court. With the Court overturning both Section 2 and Section 5 of the Voting Rights Act, it effectively repealed the entire Voting Rights Act that so many had fought and died for.
The very next day, Florida passed a redistricting law that would allow for new levels of gerrymandering designed to erase districts with large populations of black voters.
Roberts accomplished with a pen what George Wallace had tried to accomplish with violent state troopers.
