Author: Jacob S. Hacker, Zoltan Hajnal, G. Agustin Markarian and Mackenzie Lockhart
Date of source:
The American Prospect
It has been just one month since the 6-3 conservative majority on the Supreme Court effectively nullified Section 2 of the Voting Rights Act (VRA), making it lawful for states to draw congressional districts that systematically dilute the votes of Black and Latino Americans. Within hours, Southern states responded. Florida legislators passed a GOP gerrymander the day the decision was announced. Alabama moved to eliminate majority-minority districts even after primary-election votes had been cast, though an appellate court has temporarily blocked the state from proceeding. (UPDATE: The Supreme Court waved the gerrymandered map through last night.) In Tennessee, the district representing Memphis—majority-Black—was cracked into three, all now majority-white, all expected to turn red. By 2028, South Carolina will likely gerrymander out of existence the district that has elected the state’s only Black congressman, civil rights icon James Clyburn.
One certain consequence of Louisiana v. Callais is widely recognized: Millions of voters of color will no longer be able to elect a representative of their choice, while Republicans will lock down an even larger share of congressional seats. But what’s at stake is far bigger: whether voters of color can elect legislators whose votes actually reflect their policy preferences. We know this because we examined nearly 20 years of congressional votes and the survey responses of more than half a million Black, Latino, Asian American, and white voters who were asked if they supported high-profile congressional bills, ranging from the authorization of the war in Iraq to the Affordable Care Act to the early COVID response.
What we found shows how much our democracy’s responsiveness has depended on the VRA—and how much will be lost without it.
As Memphis Goes, So Goes the South
Memphis bears witness to both the achievement and the reversal. For 19 years, one man has represented the majority-Black district encompassing Memphis. A progressive stalwart ranked the fifth most effective Democratic lawmaker in the House by the Center for Effective Lawmaking, he secured passage of the first formal congressional apology for slavery and brought home $69 million in community projects, including $3.15 million to restore the Historic Clayborn Temple—the organizing headquarters of the 1968 sanitation workers’ strike that brought Martin Luther King Jr. to Memphis for the last time.
The name of this revered member of Congress? Steve Cohen, a white Jewish civil rights lawyer. Tennessee Republicans did not gerrymander Memphis to remove a Black legislator. They did it to disempower Black voters.
Callais will have similarly devastating consequences for the substantive representation of voters of color throughout the South. It will not only reduce the chance that they have champions like Steve Cohen in Congress; it will also increase the chance that policies they oppose become law and policies they support don’t.
The figure below illustrates how representation in the House works today. Each dot represents a congressional district, with its position on the y-axis showing how well the average Black constituent is represented relative to the average white constituent in that same district. Values above zero mean Black Americans are better represented than white Americans; values below zero mean the opposite. The red and black curves trace the average relationship between this measure and the share of residents of each district who are Black, separately for non-Southern (red) and Southern (black) states.
Note how different the slopes of the lines are. Outside the South, Black Americans achieve representational parity with White Americans once they make up roughly 7 percent of a district’s population—a relatively low threshold that most districts can meet without race-conscious districting. In the South, however, Black Americans are systematically worse represented than white Americans when Black residents constitute less than about 40 percent of a district’s population. Put another way, in the very region where the VRA’s protections were most needed and most consequential, Black Americans require districts in which they make up a near-majority of voters before their preferences receive equal weight in Washington.
This is why the VRA has been so important. If Republican-controlled states throughout the South can now crack Black communities into districts where they constitute less than 40 percent of each district’s population, they can essentially silence Black voices in the region.
Party Matters
What makes the difference in districts with large Black populations? The answer is simple: They elect Democrats. Black Americans see their preferences reflected in their representative’s votes about 72 percent of the time when represented by a Democrat, but only 39 percent of the time when represented by a Republican. In other words, Black constituents lose a third more often on salient policy debates when the letter after a member of Congress’s name is an R rather than a D.
Black Americans are most affected by Callais, because of their concentration in the South and because of the grim history that helps explain that concentration. However, we find the same pattern for Latino and Asian American voters. Latino voters win on policy 66 percent of the time when represented by a Democrat compared with 45 percent when represented by a Republican. For Asian American voters, the win rates are 67 percent vs. 47 percent. For white constituents, by contrast, the gap is modest. And, in fact, they also do better when Democrats represent them—about three percentage points better, on average (58 percent vs. 55 percent).
This partisan effect is not entirely about Black, Latino, and Asian voters being more strongly Democratic, though that’s an important part of it. We find smaller but still significant effects when we take into account each voter’s party identification. When represented by a Republican, for example, Black Republicans are more poorly represented than are white Republicans. Indeed, even in so-called split delegations in the Senate, where one senator is a Democrat and the other a Republican, Democrats better represent voters of color, despite the fact that both senators are representing the same electorate overall.
For voters of color, then, who represents them is not just a matter of “identity politics.” It has direct, measurable consequences for whether their policy preferences are reflected in Washington. Cohen’s 19 years in Congress were 19 years in the 72 percent column for Black Memphians. The new Republican districts will put them in the 39 percent column.
This district-level story adds up. When we examine overall policy outcomes—whether voters of color get more of what they want from government—the partisan gap is stark. When Democrats control the presidency or Congress, and especially when they control both, Black, Latino, and Asian voters win on policy at least as often as white voters. When Republicans are in control, Black voters lose seven to nine percentage points more often than their white counterparts. Latino and Asian voters face similar gaps under Republican control, losing four to seven percentage points more often than white voters. Meanwhile, white voters’ overall win rates barely change regardless of which party controls government (though, of course, different white voters win in each case).
The upshot of all this is that racial gaps in overall policy responsiveness—whether the bills that citizens support become law—are surprisingly small. Aggregating our results across the nearly 20 years we examine, Black, Latino, Asian, and white voters all win just under half the time. Given that there’s actually a lot of agreement among these groups, this low level of congressional responsiveness to voters’ wishes—odds of winning slightly worse than a coin flip—offers a dismaying verdict on the capacity of our lawmaking system to do what citizens want. But it provides a reassuring verdict about the capacity of that system to equally respond to major racial and ethnic groups.
Or rather, it would if Democrats had an equal shot at winning power in the future. Our finding of relative equality hinges on the fact that Democrats controlled the presidency and Senate for more of the period we studied (2006 to 2022) than Republicans did. Remove the VRA’s guarantee of Democratic representation in majority-Black Southern districts, and that balance tips even more away from the public’s preferences.