The Supreme Court Is Poised to Strike Down Race-Based Redistricting, by Stephen B. Presser

Abortion, religion, and race were the three intractable constitutional law conundrums of the second half of the 20^th century. Back in the 1960s and ’70s, the justices of the Warren and Burger Supreme Courts felt compelled to step in and resolve them, though their constitutional warrant so to do was anything but clear.

As readers of this magazine are well aware, for decades American society has been roiled by what we are slowly coming to see as the Supreme Court’s unwarranted judicial audacity—if not impudence, arrogance, and illegitimacy. Since Richard Nixon’s campaign in 1968, Republicans have been seeking to correct what they regard as the unwarranted aggrandizement of federal court intrusion into the prerogatives of state and local governments. Only as a result of Donald Trump’s appointments of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett are we witnessing what may be a successful attempt to correct this glaring judicial error. …

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