The Republican Justices Are Slow-Walking a Key South Carolina Redistricting Case – Balls & Strikes

This isnt the first time the Court has left Americans waiting and worse off. In Allen v. Milligan, decided in 2023, the Court affirmed that Alabamas congressional map was an illegal racial gerrymanderbut only after it issued an unsigned order in February 2022 that allowed the map to be used in that years midterm elections. Again, there is no reason for the Court to bide its time like that other than to empower Republican lawmakers by excluding Black people from the political process. Republicans went on to win a razor-thin majority in the House of Representatives, at least in part thanks to the Courts strategic inaction.

The most transparent and disturbing example of the Courts deliberately glacial pace may be its embrace of former president Donald Trumps legal strategy of delay, delay, delay. Trump has been trying to stall various legal proceedings in a bid to avoid prosecution for his litany of crimes, including by making the claim that presidents enjoy categorical immunity from criminal prosecution. Not only did the Court agree to hear his claim, it scheduled oral argument for the very last day of its term. Even if the Court eventually decides that, no, presidents cant have a free pass for crime, there may not be enough time before the 2024 election for Trump to be prosecuted. This is by design: Shielding Trump from legal liability increases the possibility of a second Trump presidency, with even more opportunities for Republican activists to take the bench and reshape the country by judicial fiat.

Theres an old saying, often attributed to Dr. Martin Luther King, Jr., that justice delayed is justice denied. The Supreme Courts conservatives know it to be true. What the Court doesand whether and when it chooses to do anything at allcan significantly impact the legal and political landscape. And its actions and inaction alike are in service of the Republican Party.

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The Republican Justices Are Slow-Walking a Key South Carolina Redistricting Case - Balls & Strikes