The justice criticized Brown v. Board, a 70-year-old legal precedent, in a ruling that gave the green light to South Carolina's gerrymandered congressional map.
It’s an outrageous decision—one seemingly designed, as Elena Kagan wrote in a withering dissent, to “scuttle gerrymandering cases” going forward and effectively make it easier for states to disenfranchise Black voters. “What a message to send to state legislators and mapmakers about racial gerrymandering,” Kagan wrote.
That unanimous decision, of course, had deemed school segregation unconstitutional, but to Thomas, it was a grave judicial overreach, with the court taking a “boundless view of equitable remedies.” “It is well past time for the Court to return these political issues where they belong—the political branches,” Thomas concluded, suggesting the court do a way with the “one person, one vote” rulings establishing that all citizens’ votes in a state should be equal.
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