Part of our core mission? Exposing the Left's blatant hypocrisy. Help us continue the fight and support the 2024 Year-End Campaign now.

October 22, 2015

Make Redistricting Better by Making It Color-Blind

Hillary Clinton played the race card in Alabama last week, telling Democrats that plans to close 31 underused satellite offices of the state’s Department of Motor Vehicles are evidence of Republican racism. The closings were compelled by spending cuts enacted by a GOP-majority legislature facing a budget crisis, but Clinton slammed it as “a blast from the Jim Crow past,” since most of the branch offices are in predominantly black rural towns and Alabamans have to show photo identification when they vote.

Hillary Clinton played the race card in Alabama last week, telling Democrats that plans to close 31 underused satellite offices of the state’s Department of Motor Vehicles are evidence of Republican racism. The closings were compelled by spending cuts enacted by a GOP-majority legislature facing a budget crisis, but Clinton slammed it as “a blast from the Jim Crow past,” since most of the branch offices are in predominantly black rural towns and Alabamans have to show photo identification when they vote.

“Fifty years after Rosa Parks sat and Dr. Martin Luther King Jr. marched and John Lewis bled,” Clinton said, “it is hard to believe we are back having this same debate about whether or not every American gets a chance to vote.”

It’s a scurrilous charge. No one is having that “debate,” certainly not in Alabama, which has more black elected officials than nearly every other state and where black voter turnout has climbed to record highs. The DMV offices in question process less than five percent of all driver’s license transactions. The “Jim Crow past” — part of the Democratic Party’s ugly racial legacy — is not being revived, not in Alabama or anywhere else. It is dishonest demagoguery to pretend otherwise.

But dishonesty and demagoguery proliferate when political power is at stake. And far too much political power is entangled in a voting-rights system that continues to sort voters by race long after black disenfranchisement has disappeared.

Massachusetts was reminded last week of former House Speaker Thomas Finneran’s false testimony in a 2003 lawsuit, which claimed that a legislative redistricting plan discriminated against “black-preferred candidates” in Boston while protecting white incumbents. Finneran was convicted, disbarred, and stripped of his state pension, which a municipal judge has now restored. But the underlying travesty had little to do with Finneran, and everything to do with color-conscious district-drawing.

The original goal of the 1965 Voting Rights Act, the noted legal scholar Richard Epstein observes in a recent essay, “was to increase black participation to the level of white participation.” That target has not only been met, but surpassed: Black voter turnout rates now exceed white turnout rates. To insist in 2015 that states have an obligation to deliberately maximize black political influence through redistricting is anachronistic at best, and condescendingly self-defeating at worst.

In 1960, after the Alabama legislature redrew Tuskegee’s borders in order to exclude black voters from the municipal voting rolls, a unanimous Supreme Court ruled that such blatant racial manipulation was a violation of the Fifteenth Amendment. But the court later abandoned that principled stand. Now it actively encourages such race-based mapmaking, leading to tortured litigation over the details of packing X number of districts with Y percentage of minority voters — and generating no end of poisonous rhetoric about reviving “the Jim Crow past” or betraying the cause for which King gave his life.

Voting-rights law has gone off the rails, argues Epstein, and the longer the Supreme Court tolerates race-conscious rules in drawing district lines, the worse the political damage will get. The old rule — voters’ skin color may not be considered when electoral districts are drawn — is the better rule, less polarizing and more decent. The Fourteenth and Fifteenth Amendments should be read to enjoin strict colorblindness when state legislatures make their maps.

The means to that end is not rocket science. While continuing to require that districts be roughly equal in population, the court should require as well that they be geometrically compact, and that they take no account of voters’ party registration or voting history. The parameters couldn’t be simpler; a computer could do the job. Incumbent politicians might lose the ability to choose their constituents. But voters would be equal at last, exercising their franchise under a Constitution that is color-blind, and neither knows nor tolerates classes among citizens.


Jeff Jacoby is a columnist for The Boston Globe.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.