Callais is not the last word

What democracy defenders must do now and in the long term

In a span of less than two weeks, the U.S. Supreme Court (contravening the text and intent of the post-Civil War amendments and decades of court precedent) and the Virginia State Supreme Court (overturning the will of Virginia voters and inventing a new definition of “election”) have bulldozed through the electoral landscape to slant the 2026 midterm playing field in Republicans’ favor.

In Louisiana v. Callais, the U.S. Supreme Court demolished 60 years of progress in voting rights, robbed Black and Hispanic communities of the power to elect representatives of their own choosing, and aimed to decimate the ranks of non-white U.S. House members, state legislators, and local officials. This is nothing short of an attempt to reimpose white supremacy.

(MicroStockHub/iStock)

Voting rights legal guru Rick Hasen wrote:

This decision will bleach the halls of Congress, state legislatures, and local bodies like city councils, by ending the protections of Section 2 of the act, which had provided a pathway to assure that voters of color would have some rudimentary fair representation. It’s the culmination of the life’s work of Chief Justice John Roberts and Samuel Alito, who have shown persistent resistance to the idea of the United States as a multiracial democracy, and a brazen willingness to reject Congress’ judgment that fair representation for minority voters sometimes requires race-conscious legislation…. It protects Alito’s core constituency: aggrieved white Republican voters.

As infuriating, partisan, and legally unsound as these rulings are, they are not the final word on either the midterms or the future of our multi-racial democracy.

The Midterms

Even with the loss in Virginia, Democrats’ five-seat pick up in California should more than counteract the original Texas re-redistricting (where two of the five seats Republicans sought to steal may well go to Democrats). And despite the Virginia decision, Democrats may still pick up one to two more seats under Virginia’s old map. The net pickup for Republicans currently is less than ten before Democrats pursue their own redistricting in New York, Illinois, Colorado, and Maryland.

However, even with the advantage of, say, a dozen rigged seats, Republicans are unlikely to keep the House majority. Since 2024, Democrats have swung the electorate substantially in their direction, over-performing in comparison to Kamala Harris in 193 of 226 state legislative races, by 20 points in some cases. On average, Democrats are doing more than 10 points better than they did in 2024. (Brookings’ William A. Galston wrote: “In the six special elections for the House conducted in 2025-2026, the swing toward Democratic candidates averaged about 15 points, while the swing toward Democratic gubernatorial candidates in New Jersey and Virginia averaged 14 points.”)

More than 20 Republican House seats were won by less than 10 points in 2024; 43 Republicans won by less than 15%. Given the electoral shift, Democrats’ list of targeted seats expands each week.

The New York Times reported that gerrymandering “tells only part of the story” about the midterms. While “Democrats could end up losing at least half a dozen safe seats, and possibly more,” depending on new maps drawn in Southern states, Republicans face gale-force “headwinds” thanks to Donald Trump’s atrocious approval numbers, his reviled Iran war, soaring gas and other consumer prices, snatching away healthcare coverage from millions, disaffection of Hispanic voters, and rampant corruption.

In short, gerrymandering, however outrageous, will not be enough to save Republicans if Democrats generate huge turnout, especially among those voters enraged that they have been stripped of voting power. (As Hungary demonstrated, a determined opposition can overcome a raft of unfair impediments imposed by a corrupt, unpopular regime.)

Democrats, independents, and disaffected Republicans know that the MAGA cult has no message — which is why MAGA lawmakers and courts must rig the election to cement white supremacy. That’s all they’ve got.

Democrats have their targets

The enormity of reversing 60 years of progress on voting rights necessitates a new era of intense organizing and public education — a new civil right movement to counter MAGA’s court-imposed Jim Crow. That effort kicks off with a grassroots National Day of Action on Saturday, May 16, in Alabama. Organizers declared, “The dismantling of the Voting Rights Act is a reminder that we have unfinished business. The fight is ours and we are going to finish it.” Scores of democracy groups, faith-based organizations, and civil rights organizations will rally to oppose Jim Crow redistricting and to support multi-racial democracy.

The goal: Democrats must win, and win big, in 2026 and 2028. Senate seats, governorships, and other statewide offices cannot be gerrymandered. A massive registration and turnout-the-vote operation must expand deep into Republican areas, appealing to disgruntled independents and Republicans while firing up the base. Democrats will need a broad, inclusive electoral coalition to pursue bold reform. As former attorney general Eric Holder likes to say, progressives “need to be comfortable with acquiring power and using power.”

What then? If Democrats come out of the 2028 election with House and Senate majorities, and the presidency, they will have all the motivation and tools required to reverse the slide into Jim Crow, beginning with substantial reform of the discredited Supreme Court. The MAGA justices’ willful misreading of the Voting Rights Act and the Constitution to concoct a “color blind” interpretation of voting rights (coupled with their monstrous expansion of executive power and abuse of the emergency docket) should unify democracy defenders on the urgency of Supreme Court reform through court expansion, term limits, revised appellate jurisdiction, and ethics reform.

Election law guru Rick Hasen argued:

The Supreme Court itself has shown itself to be the enemy of democracy. If and when Democrats retake control of the political branches, it will be incumbent on them not only to write new voting legislation protecting minority voters and all voters in the ability to participate fairly in elections that reflect the will of all the people. They will also have to consider reform of the Supreme Court itself.

With the election of aggressive Senate Democrats running in 2026 and 2028, Democrats should have little trouble carving out a filibuster exception, especially if they win by large margins that affirm voters’ rejection of MAGA assault on pluralistic democracy.

In addition to reforming the MAGA Supreme Court, a myriad of solid proposals for undoing the damage wrought by Callais include: state voting rights’ protections, a federal statute that requires nonpartisan redistricting, proportional representation, and a constitutional amendment guaranteeing the right to vote. Democrats should pursue an “all of the above” approach, not merely to regain but to expand diverse voters’ participation and power.

Though the tools to sustain multi-racial democracy may be different from those employed in the 1960s, Madeleine Greenberg of the Campaign Legal Center reminded us: “Every generation has faced attempts to restrict access to the ballot box, and every generation has pushed back.” If Democrats win elections decisively and fully exercise the power they obtain, they can fix what MAGA white supremacists have broken. Only then can we fulfill the promise of pluralistic democracy.

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