Justices’ ‘Colorblindness’ Would Gut Voting Rights: Noah Feldman

If the oral arguments are any indication, the Supreme Court may be about to achieve a remarkably bizarre outcome: using the Equal Protection Clause of the 14th Amendment to overturn a key provision of the Voting Rights Act — a law explicitly designed to achieve racial equality in voting.

If that is indeed what the court does, it would be one of the most blatantly activist decisions of modern times, overturning a landmark civil rights law passed by Congress and upheld repeatedly by the courts. Analysts suggest the result could allow states to redraw districts in ways that immediately shift control of ...