The day after Louisiana v. Callais was released, Missouri Sen. Eric Schmitt sent a letter to the Department of Justice asking them to identify and challenge Voting Rights Act districts nationwide. Harmeet Dhillon, who oversees civil rights at the DOJ, responded on social media, "Senator — we are ON IT."
The speed of that response explains exactly what the Court had just set in motion. But Schmitt's letter revealed something more.
In a telling sign of his true motive, Schmitt singled out California — a state whose congressional map was driven by partisan, not racial, considerations. These aren’t VRA districts, but that doesn’t matter to Schmitt.
For Republicans, “VRA districts” is an excuse to investigate places where minority voters live and exercise political power.
And, as you can imagine, following Callais, we are watching a GOP frenzy to strip Black voters of their political power. In state after state, Republicans are declaring all seats held by Black Democrats unconstitutional. Any district where Black voters have been able to elect their candidate of choice is being targeted with a gleeful vengeance reminiscent of the mob on Jan. 6.
We are already seeing worrying signs that the culture is adopting this framing. Over the last few days, reporters and pundits have adopted a shorthand: If a district has a significant number of Black voters and has elected a Black member, it must be a VRA district and thus a legitimate target for erasure.
This is how the Supreme Court creates a culture of anti-voting.
In his majority opinion, Justice Alito went to great pains to say that the Court was affirming the constitutionality of the VRA and declaring for the first time that race may, in some circumstances, be used to draw congressional districts. Yet these words were drowned out by the dog whistle message that the Court was approving the aggressive dismantling of a multiracial democracy.
That is what Schmitt heard. It is what the DOJ heard. It is what Republican legislators around the country heard.
Despite notable setbacks, the pro-democracy movement continues to rack up key court wins, and Donald Trump's poll numbers continue to sink. But we make a mistake to think the GOP will be satisfied simply with targeting minorities. They are happy to see democracy burn to the ground. They are in the thrall of a man who wants to be a dictator.
What has me worried — what we all need to focus on — is that something important in our democracy broke last week, and we are only beginning to see the fallout. The winners will be a Republican Party that is hostile to democracy.
The immediate losers will be minority voters who are already facing a barrage of efforts to disenfranchise them. But in the long run, all of us who want a representative democracy and free and fair elections will lose out.
That is why we must fight back.
The Roberts Court did not invent the GOP's war on multiracial democracy. But it keeps issuing the permits.
That is the lesson of Plessy. That is the lesson of the immunity decision. And that is the lesson of Callais.
Lawyers and commentators need to recognize that in Court opinions the dog whistle is too often louder than the fine print. The culture moves before the next set of lawsuits can even be filed.
We are in that critical window right now. Republican legislators are already redrawing maps. In some cases, they’re redrawing maps mid-election. The DOJ has already signaled it will help them. And, most importantly, the media is already starting to use the GOP’s framing.
Stopping this assault on democracy is not primarily a legal task, though the legal fights can matter enormously. It is a cultural one.
The fire is not coming; it's burning hot, and the GOP is fanning its flames. The question is whether enough of us are willing to stand up for free and fair elections — plainly, loudly and without qualification — before the permission structure of Callais hardens into culture, and the culture decides this is simply how things are.