S8 Ep815: 3. Supreme Court Ruling on Racial Gerrymandering Guest: Richard Epstein Richard Epstein analyzes the Supreme Court striking down a Louisiana congressional map, discussing the complexities of racial gerrymandering and the resulting political polarization f
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 2 May 2026
⏱️ 15 minutes
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1900 LA HOTEL RAMONA
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| 0:22.8 | entrepreneurs like you. Sign up for your $1 teaches law at NYU in the University of Chicago. |
| 0:51.4 | He's at the Civitas Institute, University of Texas at Austin, |
| 0:55.4 | to comment on the Supreme Court decision these last days, a vote of six to three, struck down a |
| 1:02.1 | Louisiana congressional map that a group of voters who described themselves as non-African American, |
| 1:08.2 | that's a quote, had challenged as a product of unconstitutional, racial |
| 1:12.7 | gerrymandering. This is Louisiana versus Calais. 6 to 3. I note that there was a minority |
| 1:20.4 | opinion written by Justice Elena Kagan, but in her dissent, she commented that the majority opinion written by Justice Alito had rendered the provision of an exemption all but a dead letter. |
| 1:35.9 | Her exemption had to do with the expectation that it did not strike down a provision of the Federal Voting Rights Act, as the Louisiana Challenges had |
| 1:44.7 | originally asked. |
| 1:46.1 | So what we have here is Louisiana moving to redraw its congressional district map. |
| 1:53.0 | That is known generally for hundreds of years as gerrymandering. |
| 1:56.9 | Professor, a very good evening to you. |
| 1:59.0 | What I know about this case is that there are hard feelings. |
| 2:02.6 | Why? Good evening. |
| 2:04.6 | Well, we put ourselves in this perfect position where if you're on the losing side of any one of these Voting Act decisions, |
| 2:11.0 | you can call the other side racist or engaged in gerrymandering. |
| 2:14.7 | Because the question that you're supposed to decide under the modern version of |
| 2:18.4 | this act is how you draw the ideal set of districts. There's a fundamental theoretical problem |
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