UNREAL: Supreme Court makes INSANE decision
Brian Tyler Cohen
0:00 There's obviously a lot about the Supreme Court's
0:02 recent Voting Rights Act decision and the subsequent
0:04 mad dash in red states to eliminate all black districts to be upset about.
0:08 But there's one point about this decision
0:10 that should shock every single one of us.
0:12 And it's something that's flying completely under the radar.
0:15 So, normally Supreme Court decisions don't go into effect right away.
0:19 And the same would be true of the Supreme Court decision
0:21 gutting section two of the Voting Rights Act, the Cala decision.
0:24 The parties would have 32 days to seek
0:26 clarification or rehearing on specific aspects of the ruling.
0:30 And that's really important here because
0:31 voters are already voting in primary elections.
0:34 So every day is important.
0:35 And normally when we get too close to an election,
0:38 a doctrine called PCEL kicks in.
0:40 With PCEL, there can't be changes too close
0:43 to an election because it'll cause too much confusion.
0:46 Back in January of 2022, black voters in Alabama won a victory in court
0:50 where they were granted a second black opportunity district.
0:53 That's a big win, right?
0:55 Not exactly.
0:56 Because according to Democracy Docket,
0:58 just 10 days later, the Supreme Court weighed in.
1:00 Quote, "Late judicial tinkering with election laws can lead
1:03 to disruption and to unanticipated and unfair consequences for candidates,
1:08 political parties, and voters, among others." Justices Kavanaaugh and Alo wrote,
1:12 "The primary was nearly four months away.
1:15 The primary was 4 months away,
1:17 but still that was too close to the election for the Supreme Court to allow it.
1:22 So, the voters in Alabama were stuck
1:24 with illegal maps because the Supreme Court justices thought
1:27 that it was just that important that the voters
1:30 don't contend with confusion so close to an election.
1:33 In January of an election year with primaries 4 months away,
1:37 or let's look more recently in November 2025,
1:41 just this past fall, black and Latino voters won a victory in Texas,
1:45 proving that that state's map was an unconstitutional gerrymander.
1:48 Another big win, right?
1:50 Again, not quite because again, according to democracy docket, 2 weeks later,
1:55 the Supreme Court stayed that order,
1:57 holding that in granting minority voters relief,
2:00 the district court improperly inserted itself into an active primary campaign,
2:04 causing much confusion and upsetting
2:06 the delicate federal state balance in elections.
2:09 And just like in Alabama,
2:11 the Texas congressional primary was not until March 3rd, 2026, 4 months away.
2:16 So, the voters in Texas were stuck with illegal maps because again,
2:20 the Supreme Court justices thought it was just
2:22 that important that voters don't contend with confusion
2:26 so close to an election in November of an off year with primaries 4 months away.
2:32 So, now you have some background here.
2:33 In Alabama and in Texas, the Supreme Court conceded that voters were
2:37 denied their legal representation because with primaries four
2:41 months away in both cases and the election itself between 11 and 12 months away,
2:46 it was simply not possible to change
2:49 the existing illegal maps because of that disruption,
2:52 because of the unanticipated and unfair consequences,
2:56 because of the confusion, because of upsetting the delicate balance.
2:59 All their words, not mine.
3:02 Now, on April 29th, 2026, the Supreme Court issued its decision in Calala,
3:07 gutting what's left of the Voting Rights Act.
3:08 On May 4th, 2026, the Supreme Court granted
3:12 a request to make that judgment immediately effective,
3:15 bypassing the usual 32-day waiting period.
3:18 The decision was handed down as more than 104,000
3:20 Louisiana voters had already cast early votes in the primary
3:23 election and as over 42,000 absentee ballots had been submitted
3:28 before Governor Landry of Louisiana
3:30 ultimately suspended the congressional primaries.
3:33 So, forget about suspending the implementation of the decision
3:35 because an election months away might be impacted.
3:39 more than a 100,000 votes had been cast.
3:42 And the Supreme Court,
3:44 the same Supreme Court that forced Alabama to to to vote using illegal maps,
3:48 the same Supreme Court that forced Texas to vote using illegal maps,
3:51 so concerned were they about any changes months before an election might cause.
3:58 That Supreme Court allowed Louisiana voters to bypass the regular
4:02 course of order during an election where more than a 100,000
4:06 votes had been cast because they were just that eager
4:09 to disenfranchise voters in that black opportunity district in Louisiana.
4:14 Not a word about disruption, about the unanticipated and unfair consequences,
4:20 about the confusion, about upsetting the delicate balance.
4:24 They not only weren't concerned about
4:26 the prospect of interfering in an upcoming election,
4:28 they were perfectly content to undermine an ongoing election.
4:33 Every precaution is taken when the beneficiaries will be white Republicans.
4:37 No such precautions are taken when the beneficiaries will be black,
4:41 brown, or democratic.
4:43 The Supreme Court justices are not neutral arbiters of the law.
4:47 They never were and they aren't now.
4:49 The Republicans are not partners in democracy.
4:52 They never were and they aren't now.
4:54 We get nowhere by conferring goodwill to the other side.
4:58 We get nowhere seeking compromise with the other side.
5:01 As I write in my new book,
5:02 The Day After about this antiquated notion of compromising
5:06 with a party that never returns the favor,
5:08 one of the great fallacies of the Biden, Obama,
5:11 and Clinton years is the notion that if
5:13 only Democrats would compromise with their Republican counterparts,
5:16 their goodwill would be duly reciprocated.
5:18 If only they capitulate to the GOP this time.
5:21 This time the right will lay down its
5:23 arms and a golden era of bipartisanship would emerge.
5:26 I'll hold the ball, Lucy explains to Charlie Brown,
5:29 and you come running up and kick it.
5:31 When Republicans are in control, they wield power in a take no hostages manner.
5:35 When Democrats are in control, they seek compromise,
5:38 practice good governance, defend the institutions of government,
5:41 and even make sacrifices to the minority in the hope that their selflessness,
5:44 their righteousness, and their virtue will be rewarded.
5:47 As was the case with Clinton, Obama, and Biden, they never are.
5:51 Lucy isn't known for letting Charlie kick the football.
5:54 I even wrote about the issue of gerrymandering,
5:56 specifically recognizing the extent to which this issue is the perfect microcosm
6:01 for the impetence of the left and the corruption of the right.
6:04 Quote, "How have Republicans managed to skew democracy so much?
6:08 Because they pursue power over principle,
6:10 whereas too many Democrats pursue fairness and good government.
6:12 Republicans controlled the drawing of 191 of the districts
6:15 in 2024 compared to only 75 controlled by Democrats.
6:19 The rest of the House districts were drawn by commissions,
6:21 courts, or divided state governments.
6:23 In the Democratic strongholds of California and New York,
6:25 there are independent redistricting commissions.
6:27 In Texas and Florida, there is no such thing.
6:30 In Republicancontrolled districts,
6:31 there is little legal recourse to correct the maps.
6:34 In their largely conservative courts,
6:35 the judges often refrain from interfering with map schemes,
6:38 unlike the mostly liberal courts reviewing maps in Democratic districts.
6:42 Now, I wrote this book because there is very clearly an asymmetry
6:45 at play between the two sides and that if we don't confront it,
6:48 if we don't rectify it, we will lose our democracy.
6:51 Remember, Republicans do not care about this democratic republic.
6:55 They care about winning at all costs.
6:56 That's it.
6:57 If that means the US has to devolve into an illiberal democracy,
7:00 they're fine with that.
7:01 They will wield the FCC against the media.
7:04 They will suppress votes that aren't for them.
7:06 They will entrench minority rule.
7:08 I wrote this book as a blueprint for how to fight back,
7:11 how to actually wield power effectively when we get
7:13 it while we still have the chance to wield it.
7:16 If you'd like to support my work and this message,
7:19 I ask that you please pre-order a copy today at the link on the screen,
7:22 in the post description, or in the comments of this video.
7:24 I really appreciate it.
7:26 And part of fighting back right now is recognizing
7:29 that the time for politics as usual is gone.
7:31 Now is the time to use every
7:33 tool at our disposal because winning is existential.
7:36 I've said this before and I'll say it again.
7:38 If Republicans are gerrymandering Democrats out
7:40 of existence in every state they control, we absolutely must fight back.
7:44 That means Democrats in New York,
7:46 New Jersey, Maryland, Colorado, Illinois, Washington, Oregon,
7:50 all need to start moving right now, today,
7:52 to redraw their maps for full democratic control.
7:56 I get it.
7:56 It's not good government.
7:58 But if we lean on good government solutions,
8:00 we are going to good government ourselves into obscurity.
8:03 We need to be aggressive, creative,
8:05 and frankly ruthless because that's the only way we emerge from this thing.
8:10 And if any Democrats don't have the stomach, make way for those who do.
8:14 Because we gain nothing by sticking our heads
8:16 in the sand and pretending that none of this is happening.
8:19 The only way we actually emerge from this is if we fight hard and fight to win.
8:25 Before you go, I'm very excited to announce
8:28 that I've written a new book titled The Day After:
8:31 How to Wield Power in a PostTrump World.
8:33 The book explores what is, in my opinion,
8:35 the single most important theme that we're
8:37 dealing with in politics today and moving forward.
8:39 Power.
8:40 Specifically, how Republicans abuse it and how Democrats refuse to wield it.
8:44 This book explains how we got here and more importantly,
8:46 how we should finally wield power if we're lucky enough to get it back.
8:50 It is the blueprint for progressives who want
8:52 to do far more than just restore the status quo.
8:54 Please pre-order today by following the link on this screen.
8:57 You can grab yours from any
8:59 of the major retailers like Amazon and Barnes& Noble,
9:01 or scroll down on the page and get
9:03 a copy from an independent bookstore closest to you.
9:05 Thanks so much for supporting Independent Media.