The Partisan Asymmetry In Callais
The article discusses the legal and political implications of the Supreme Court's decision in Callais, which ended a long-standing interpretation of the Voting Rights Act that favored minority-majority district creation. It argues that this decision eliminates a partisan asymmetry by removing the requirement for oddly shaped districts designed to boost minority representation. The author contends that the new neutral rule reflects demographic realities rather than judicial intervention.
- ▪Callais eliminated the partisan asymmetry previously embedded in the Voting Rights Act by ending the requirement to create minority-majority districts.
- ▪The decision means racial minorities will no longer receive electoral advantages through court-mandated districting absent proof of intentional discrimination.
- ▪Justice Thomas, in Allen v. Milligan, argued that minorities, being a demographic minority, cannot always elect their preferred candidates under neutral rules.
- ▪The Court granted a motion to issue the judgment in Callais immediately, waiving the usual 32-day waiting period for the mandate.
- ▪The African American plaintiffs in Callais did not file a motion for reconsideration, which the author views as a strategic error.
Opening excerpt (first ~120 words) tap to expand
The Partisan Asymmetry In Callais Justice Jackson never countenances that her decision to "run out the clock" might be partisan. Josh Blackman | 5.4.2026 11:18 PM In most political disputes, there will usually be an argument that helps the left and an argument that helps the right. A common rhetorical tactic is to insist that one side or other is in fact being neutral, while the other side is being partisan. In the abstract, these arguments should not work because neither side is being neutral. But in various areas of the law, there are liberal institutional asymmetries--legal principles that ensure the liberal position is seen as the neutral baseline. One of the largest asymmetries was (past tense) the Voting Rights Act.
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