The Political Divide Is About To Get SO Much Worse
Sources
RUN FOR OFFICE: www.sheshouldrun.org ; www.runforsomething.net
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DiFilippo, Dana. “Gov. Sherrill Eyes Redistricting in NJ after Controversial Voting Rights Decision • New Jersey Monitor.” New Jersey Monitor, May 1, 2026. https://newjerseymonitor.com/2026/05/01/sherrill-nj-redistricting/.
Howard, Andrew. “Breaking down the Redistricting Arms Race Following the Supreme Court’s VRA Ruling.” POLITICO, May 4, 2026. https://www.politico.com/news/2026/05/04/breaking-down-the-redistricting-arms-race-00904113.
Kaufmann, Andrew Solender, Justin. “‘These Are Not Normal Times’: Inside Democrats’ Sweeping 2028 Redistricting Plans.” Axios, May 1, 2026. https://www.axios.com/2026/05/01/supreme-court-voting-rights-2028-maps-democrats.
Knutson. “Louisiana Halts an Active Election to Get Rid of Black-Majority Districts, as Democrats Fight Back.” Democracy Docket, May 4, 2026. https://www.democracydocket.com/news-alerts/louisiana-landry-election-suspension-supreme-court-callais/.
Minock, Nick. “Virginia Redistricting Referendum in Limbo Following Virginia Supreme Court Decision.” WJLA, May 4, 2026. https://wjla.com/news/local/virginia-redistricting-referendum-supreme-court-democrats-republicans-florida-governor-ron-desantis-abigail-spanberger-special-election-gerrymander.
Novicoff, Marc. “The House of Representatives Is Turning Into the Electoral College.” The Atlantic, May 5, 2026. https://www.theatlantic.com/politics/2026/05/supreme-court-callais-gerrymandering/687062/.
Perry, Mitch. “DeSantis’ New Congressional Map Faces First Legal Challenge • Florida Phoenix.” Florida Phoenix, May 4, 2026. https://floridaphoenix.com/2026/05/04/desantis-new-congressional-map-faces-first-legal-challenge/.
Rau, Nate. “Tennessee Dems Bash GOP over Gerrymandering Plan.” Axios, May 4, 2026. https://www.axios.com/local/nashville/2026/05/04/tennessee-dems-bash-gop-over-gerrymandering-plan.
Reese, Thomas. “Trump and the Supreme Court Are Undermining Democracy. Here’s What Voters Can Do Now.” RNS, May 4, 2026. https://religionnews.com/2026/05/04/trump-and-supreme-court-are-undermining-democracy/.
VanSickle, Abbie, and Emily Cochrane. “Supreme Court Agrees to Fast-Track Louisiana Voting Map Decision.” U.S. The New York Times, May 5, 2026. https://www.nytimes.com/2026/05/04/us/politics/supreme-court-louisiana-voting-rights-act.html.
Transcript
Hi it’s Tuesday, May 5th, 2026, you’re tuned in to Why, America? I’m your lawyer friend, Leeja Miller. In the week since the Supreme Court voted to gut the last remaining vestige of the Voting Rights Act, an entirely predictable onslaught of redistricting battles have hit the American people. Today we’re discussing the current state of play and the new world that Louisiana v. Callais has left to us.
I broke down Louisiana v. Callais in detail last week after the order dropped, you can check that video out for deeper insight, but just as a very quick refresher: the Louisiana legislature redrew its map after the 2020 census, that new map only had one majority black district out of six, despite the fact that fully one third of Louisiana is black. They then redrew the map so that there were two majority black districts. Non-black litigants sued saying that the provision under the Voting Rights Act of 1965, section two, which protected against disparate outcomes of voting districts–meaning districts that, no matter the intent, ultimately were created that infringed on the minority voters’ ability to have their votes count equally–violated their, the white litigants, constitutional rights. The Supreme Court found that the only time litigants bringing a section two claim against racial gerrymandering the US could ever succeed in their case is if they could prove that there was overt racist intent in the drawing of the maps. Without a smoking gun, evidence of clear racist intent, then it is no longer possible for anyone to challenge the disparate racist outcomes of redistricting. Further, the court reaffirmed that gerrymandering based on political party is completely fair game because political party is not a protected class and it's a perfectly reasonable justification for states to want to redraw their maps to benefit one party or the other.
What this means in practice is that now any state can engage in any amount of gerrymandering so long as they tie it to political party, not race, and we have now entered a race to the bottom–who can gerrymander the best and the fastest to win the most seats, quite literally with no guardrails or limits in place.
Last night, Monday, the Supreme Court went a step further, agreeing to immediately send their decision down to the lower courts so Louisiana could get right to work on redrawing their map ahead of the midterm elections. Typical court procedure would require a 32 day waiting period to allow the losing party to ask the Supreme Court to reconsider their decision. As is typical of this court lately whenever they make last-minute decisions that throw things into chaos, they did so with a one-paragraph, unsigned ruling, which was accompanied by a forceful dissent from Justice Katanji Brown Jackson, who said the court was throwing itself into the political fray unnecessarily and adding to the chaos that it already created, essentially showing a nod of approval from the court for Louisiana’s rushed attempt to redraw the maps literally as early voting was already beginning. Alito, for his part, wrote his own concurrence with the decision in which he forcefully argued against Justice Jackson’s assertions, defending the court’s decision and saying Justice Jackson was being “utterly irresponsible” in her dissent. I’ve noted this before and it’s worth noting again–I have read literally hundreds of opinions and dissents spanning the entire length of the existence of the Supreme Court at this point and there has been a NOTABLE change in tone in the way the justices address one another in their opinions, concurrences, and dissents. These people fucking hate each other, and the decorum and respect that they used to show each other even over the most controversial cases is out the fucking window. And it’s especially notable given that it is often, as in this case, a white male justice chastising the one black female justice like she’s some idiot schoolgirl. It’s just another example of the MYRIAD ways our institutions are fundamentally breaking down from the inside.
AD
This headline from SCOTUSblog helped inform my reporting on this issue, “Court agrees to immediately finalize Voting Rights Act decision.” Using the Ground News browser extension, I can get helpful background information on this publication in one quick glance. To get the big picture, I can click on Full Coverage, which will show me coverage of the same story from publications across the political spectrum.
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Given the fact that Trump has made this gerrymandering push a central part of his attempt to control the outcome of the midterm elections and beyond, you know states were already waiting in the wings ready to move fast when this ruling came down last week. It is rare to see a Supreme Court decision have this intense and immediate of an aftershock this extensively across the country. Virtually every single state is at least considering their options now that truly a new era of free for all gerrymandering is upon us, rubber stamped by the highest court in the land. And some states might be forced to redraw their districts against their will–the Assistant Attorney General for Civil Rights, so a person in the Justice Department tasked with enforcing civil rights laws at the federal level, which for the Trump regime means gutting quote unquote “woke DEI” has said that the Civil Rights division would attempt to prosecute states for their illegally racially-gerrymandered districts–meaning states where minority-majority districts have been protected under the Voting Rights Act could be targeted for DOJ enforcement and lawsuits if they DON’T redistrict based on partisan lines and not racial lines. Who knows if that will even be necessary, though, as it seems that every state in our nation is working to ensure that every map is motivated solely by the most extreme partisan animus imaginable.
In Alabama, the legislature is convening a special legislative session this week in an effort to delay that state’s primaries so they can draw a new map. It’s unclear whether that would be successful, as the state supreme court would need to allow for that new map to go ahead and we are VERY CLOSE to primaries and midterms to be having whole ass lawsuits move through our exceptionally slow legal system.
In Arizona, an independent commission already redrew the maps after the 2020 census, which, just for the record, is the normal course of business–hold a census every 10 years and only THEN do you get a bite at the redistricting apple, otherwise it’s usually off limits, though of course that was just a general rule of thumb, an established norm that clearly no one thought to write into law, like much of the functioning of our government. Anyway, Arizona did that already and the only way to get the commission to reconvene and redraw the map is through court order, so Republicans in Arizona are considering filing a lawsuit to get said court order to force a redistricting before the next census in 2030.
In Colorado, an independent commission was established to avoid political gerrymandering. Democrats in that state are working to undo that commission and redraw maps in favor of Democrats. Obviously this is a tedious process so it would be impossible to do so before the midterms and would likely impact maps for the 2028 election.
In Florida, last week the state approved a new gerrymandered map that violates that state’s own laws against drawing maps that favor incumbents or a political party. Legislators and Mayor Ron DeSantis are betting that the Supreme Court’s decision in Louisiana v. Callais will prompt the state Supreme Court to overturn the ban entirely. This is a completely baseless argument, because the Supreme Court said political gerrymandering is ALLOWED but it didn’t say that states can’t outlaw it for themselves, in fact it is entirely up to the states to make those types of decisions, that’s the entire point here. But Florida republicans are hoping to make this completely baseless but convenient political argument in order to overturn the state’s own ban on partisan gerrymandering, in a way that you KNOW if democrats tried to pull the same shit in a different state the Republicans there would be UP IN ARMS, probably literally.
In Georgia, the governor has ruled out redistricting ahead of the midterms since the state’s primaries have already started but has said that it will absolutely need to happen before 2028–this is an example of how we won’t know the full implications of the Louisiana v. Callais decision for many years–this case will cause literal YEARS of ripples. An aggressive gerrymander in Georgia could eliminate two or three Democrat seats there, according to Politico.
In Louisiana, the state at the center of the Supreme Court’s decision last week, GOP Governor Jeff Landry has delayed the House primary elections in order to redraw the state map and erase one of the two majority black districts at issue in the Supreme Court case. This has led to a flurry of MORE lawsuits, with lawyers arguing that it is too close to that state’s election to be making major changes at this time. Which, again, is complicated by the fact, as Justice Jackson pointed out, that the Supreme Court of the United States elected to fast track its decision in order to give Louisiana time to address the map issues BEFORE the midterms. So if the Supreme Court says it’s okay, what chance do these new lawsuits have of surviving, even if precedent is on their side?
In Maryland, prior to the Louisiana v. Callais decision, the state’s house attempted to pass a new bill that would have removed its one Republican district, but the state Senate refused to hold a vote on the bill. Maryland representatives Glenn Ivey and Jamie Raskin have both pushed state lawmakers to reconsider in light of the Supreme Court’s decision last week, an indication of how the tides have shifted so dramatically because of Louisiana v. Callais that people who previously were against political gerrymandering are now seeing it as the only way to fight against Republicans.
Mississippi already has a special session scheduled just to redraw judicial district maps but it’s unclear if a redrawing of the House map will also be added to that session, however the primary in Mississippi has already happened, so that switch up may not happen until 2028.
In New Jersey, the state’s Governor Mikie Sherrill told CNN last week that she would recommend that state’s legislature look into redistricting to benefit Democrats and counteract the GOP’s push in red states. Technically, map drawing in New Jersey is left to a bipartisan commission, but according to the New Jersey Monitor, Democrats could pack the commission and then order them to gerrymander the state for Democrats, or suspend or abolish the commission altogether, which would require a state-wide referendum which is all but impossible to organize and get together in a timely manner. And there may not be the political will from Democrats to do the gerrymandering anyway, since that would require them giving up some of their own voters in order to dilute Republican districts, risking their chances at re-election.
In New York, governor Kathy Hochul has called for lawmakers to get rid of the independent commission created to draw district lines there in order to participate in partisan gerrymandering to benefit Democrats. This would be a lengthy process and wouldn’t be done until the 2028 elections. House Minority leader Hakeem Jeffries told Politico that Illinois and Maryland were also on the table for Democrats to gerrymander ahead of 2028.
In South Carolina, Republicans are pushing to redistrict and get rid of its sole Democratic seat–early voting has not yet started in that state, unlike most other states, which may make the process of eliminating that Democratic seat smoother.
In Tennessee, a special session has been called this week to try to redraw the maps before their primaries begin. According to The New York Times, “the Republican supermajority [in Tennessee] is widely expected to approve a map that would eliminate its lone majority-Black district.” That seat is currently held by Democrat Steve Cohen. The qualifying deadline to appear on the August primary ballot in Tennessee has already passed, so they’ll also have to overhaul their election laws during the three day special session this week in order to move forward. Those changes are legally questionable based on state law and state Supreme Court precedent, teeing up further battles beyond this three day legislative session and offering a great example of just the LEVEL of statewide chaos that this Supreme Court decision has caused. This isn’t just a matter of redrawing maps, there will be reverberating effects, in the courts, in primary elections, in early voting, in rulemaking around how votes happen in each state, that truly cannot be overstated.
In Virginia last month, prior to the Supreme Court’s Louisiana v. Callais decision, voters returned a referendum approving a new map that would eliminate some Republican districts, leaving only one in the state. The RNC sued Virginia to block the redistricting referendum, you know, the decision chosen by the people, Republicans don’t want that, and that case is still pending before the Virginia state Supreme Court. A lower court has already ruled that the language in the referendum question that voters read and voted on was too vague and confusing. If the state supreme court agrees, that could throw out the new map voters agreed upon.
And this is a great segue into the big picture of it all. Let’s zoom out. Because in the scramble and tit for tat redistricting challenges state by state it can be easy to lose the fucking plot. What this means is that what voters want matters less and less. So let’s talk about the practical implications.
The House of Representatives is the lower house of our Congress, and it is meant to represent most closely the will of the people. The Senate, in the upper chamber, gives equal representation to all states, so more populous states have equal voice to less populous states, meaning that the Republicans hold the majority in the Senate right now while representing only 44% of the US population. That is by design that’s how the framers meant it to be. The constitution is not a perfect document, I wholeheartedly reject originalism because I refuse to believe that the best way to run a country is based on ONLY what a handful of racist, bigoted, misogynistic upper class white men, many of whom purported to own human beings, thought 250 years ago. That’s a stupid fucking way to run a country. I reject the entire premise. Of course those assholes would compromise with slaveholders by making the Senate the upper chamber of congress, thereby giving less populous states in the south equal voice with more populous states in the north. That is by design because they fundamentally didn’t believe that everyone, regardless of race, gender, or class, deserved to have an equal voice in government. They didn’t. They excluded women, they counted enslaved people as less than a whole person, let’s be crystal fucking clear that we have spent the past 250 years fixing the myriad ways the framers of the constitution fucked it up for everyone who wasn’t a rich white man. I think that is a worthy thing to work on. To get this country closer to a truly pluralistic, representative democracy, one where EVERYONE has an equal voice. The things most standing in the way of that for the most people are money in politics making it so that the only opinion that matters on any given issue is the .1%, whether we want or don’t want to bill a pass it still has the same likelihood of passing, unless you’re in the .1%, there have been studies on this. And then the two party system is the other major hurdle to having a truly pluralistic representative democracy in the US. We have a two party, winner take all system, that does not represent us well in elections, especially for president which is determined based on the electoral college, where entire swaths of votes don’t matter because if a majority votes for one candidate, then that entire state’s electors go to that candidate. So it means that truly the House of Representatives is like the last entity in our federal government that got closest to representing the will of the people. Because the number of representatives is based on population and each member represents roughly the same number of people. Again, money in politics ruined that, too, but theoretically, standing alone, the House is supposed to most closely represent the people. Especially in states where non-winner take all voting systems have been put in place to elect representatives, things like ranked choice voting where you can list your top 3, so that if your first choice doesn’t win you still get a say, where parties outside the dominant two-party system had a chance at winning because it’s not a zero-sum game, those systems truly do allow for each citizen of a district to have a voice in exactly who represents them and from what party. And now that’s out the fucking window, the last bastion of any voice any of us had in our government. As Marc Novicoff wrote for the Atlantic, The House of Representatives Is Turning Into the Electoral College. We are entering an era where our elected officials get to choose their own voters, not the other way around, and where the dominant party gets to entrench themselves so thoroughly that they can rig the entire map so one party outnumbers the other in every district. So in a purple state where 45% of people are Democrat and 55% are Republican, every single district could be drawn so that Republicans win a majority, thereby wiping out 45% of the vote, leaving 45% of people in that state unable to meaningfully make their voice heard. Whether they show up to vote or not, the outcome is a foregone conclusion. This is not a democracy. This does not lead to democratic outcomes. And this is what we now have to look forward to, with no end in sight as both parties double down on partisan gerrymandering in every state.
And I honestly don’t have an answer as to what Democrats SHOULD do–I did, however, notice a trend across states, and that is that in many states where Democrats typically have a majority, their redistricting efforts are being stymied by their own laws they put in place to ensure nonpartisan commissions prevented out of control partisan gerrymandering from infecting how district lines are drawn. Whereas in Republican states, few such restrictions exist. Not in every case, Florida’s constitution bans it in theory but of course we’re seeing how Republicans are trying to argue their way out of that one. But that observation, that Democrats seem to historically have attempted to prevent partisan gerrymandering on principle while Republicans seem to be generally free to engage in it in their states, points to a larger trend, in my mind. The “they go low, we go high” trend on the left that hasn’t really seemed to serve us. At least not in the United States today. Democrats have tried to at least look like they’re taking the moral high road while Republicans are willing to play dirty, and it has allowed Republicans to rewrite the rules of the game out from under Democrats. And it’s leading many Democrats to believe they have no other choice BUT to play dirty, too. But the infuriating part about it is that they’re not gonna play dirty in a way that actually benefits people. Like in my mind the conclusion is ah okay so we’re gonna go down this road, we’re going to get partisan as FUCK here, we are removing the guardrails and leaning into our divisions, great let’s veer WAY the fuck left. Clearly the high road and centrism isn’t doing anything for Democrats. “Appealing to the center” ends up just watering down their message and making them incredibly unappealing to everyone. What if instead Democrats were like alright we’re doing a full Mamdani. Let’s try it out. Let’s envision a brighter tomorrow paid for by the billionaires who are busy funding Republicans trying to rig the system against all of us. Federal wealth taxes, increased income tax on the top .1%, increased corporate taxes on the biggest companies, increased capital gains taxes over a certain cap, reforming inheritance and other loopholes exploited by billionaires, 99% of Americans won’t even feel the difference on their paychecks OTHER than the MASSIVE federal programs that they would benefit from. Let’s move fast and break things for the common good. Fuck it. We have to fight fire with fire. IMAGINE.
But you know that’s not what they’re gonna fucking do, “they” being the Democratic leadership, they’re just going to attempt to redistrict to keep their Israel loving AIPAC accepting limp dick centrist liberals in place who elicit zero excitement and dream of no better future for anyone other than the same .1% who are benefitting from Republicans.
Alright okay what do we do about this. We have a few options. The reality is that it’s going to get worse before it gets better, there’s nothing you or I can do at this point to stop the onslaught of redistricting, and I’m not sure that “taking the high road” and attempting to make just the blue states step back from jumping over the cliff of extreme partisan gerrymandering while the red states do whatever they want, I don’t think that’s the answer at this point. A lot of people have been advocating for that for decades at this point and here we are. We are continuing down the road of extreme partisanship, full steam ahead.
So what we do depends on whether you live in a red state or a blue state. Assume that whichever party your state leans towards will become more entrenched over the next couple years. If you live in a red state, one option is, of course, leave. Relocate to a blue state, understanding the fact that there isn’t a ton that can be done to block Republicans from taking over. Obviously easier said than done. Okay the other option, obviously, is to stay. If you stay and you live in a red state, the best option I can see is infiltrate. If every district can reliably only be won by a Republican, that means that Democrat primaries don’t fucking matter because no matter who the Democrat will be they’re going to lose, unless there’s like a sea change of sentiment which is slower and harder to control or predict. So if the Republican is guaranteed to win and you want your voice to count you have to vote in the Republican primaries. We’re doing damage control, we’re doing harm reduction at this point. We’re picking the lesser out of numerous evils. Except now instead of a centrist Democrat vs a centrist Republican as our two evils, it's a number of Republicans who fall across the spectrum of centrist to extremist. At least if you vote in the Republican primaries your vote will actually count for something.
Bolder yet on the list of options, and this applies to whether you’re in a red state or a blue state, is running for office. Hear me out. First of all, if you’re in a red state that’s about to have any remaining blue districts gerrymandered out of existence, that doesn’t mean that, at a local level, there are absolutely no left-leaning people in government left. Do not forget the importance of local elections, city councils, school boards, and the important impact they can have on your immediate day to day life. You can run for all sorts of state-level positions, a lot of times you might even run uncontested, and you can fuck shit up from the inside. And you can run in elections that typically are uncontested to at least push the Republican candidate on the issues or oust smaller, local Republican elected officials even in districts that have been redrawn, thereby creating little bubbles of resistance, allowing for small pockets of progressive reform to continue happening. And if you’re in a blue state, you can fulfill my wish that Democrats would actually try the leftist progressive ideas that might actually get people elected and get people excited about democrats, instead of the limp dick centrist ideas that got us here, by running for office and pushing blue states further left. Okay, if we’re going to be so completely divided in this country then SOME people might as well get to live in the progressive utopia we’re yearning for. We need more Mamdanis in those areas.
And then the final boss on the edginess spectrum of what the fuck do we do, if you live in a red state, you can run as a Republican in the Republican primary in that district. Like okay if this is the only political party you’re going to offer that has any voice at all, then let’s make it actually represent the people it’s trying to represent. Be an ACTUAL RINO, Republican in name only. I’m not saying lie to people to get them to vote for you, though politicians do that all the time, I’m saying be transparent about what you stand for but just do it on a Republican ticket.
Yes of course if you’re a progressive that means that a lot of Republican voters probably won’t get on board with most of your proposals, and you probably won’t get an endorsement from the RNC but you would be in the race with other Republicans, forcing them to debate, to stand on what they believe, to actually participate in a political contest, which is the whole point of a democracy. Make Republicans Progressive Again. After all, Lincoln was a Republican. His administration gave us our first income tax, our first big national banking system, the creation of major agencies like the Department of Agriculture, a federally funded railroad system, federally funded higher education, and of course you know the whole war to end slavery thing. Make Republicans Progressive Again. It wasn’t until major wealthy industrialists took power of the Republican party after the Civil War, leading to the Great Depression, that we got the Republican party we see today, and arguably the Republican party we see today doesn’t even fit with Reagan’s Republican party either. Trump has done nothing but expand the power of the government and drive up the costs for all of us, bloating the federal deficit, creating hundreds of new regulations, and doing nothing to further the ideals of small government, so why pretend that that’s what Republicans really believe in anyway? Somewhere in there, it would not be hard for someone with some good PR skills to spin it so a progressive could easily sell themselves in a Republican primary. Especially focusing on the working class, the failure of the state to protect the working class, and the exploitation of the .1% of all the rest of us, I think there’s something to that. Someone far more skilled on political strategy than me could easily take it and run with it. If you genuinely are interested, you can go to she should run dot org or run for something dot net to get resources and launch your campaign. And even if it’s not a winnable race for the RINO secret progressive Republican candidate, it at least forces them to listen, gives the people more of a voice, and fucks shit up a little bit. That’s kinda all we can do at this point. That and the same thing I say every week–meet your neighbors. Form a neighborhood group. Know what’s happening in your local politics. Do what you can at the hyper local level because that’s ultimately all we have control over at this point.
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And if you liked this episode, you’ll like my episode from last week breaking down the Louisiana v. Callais decision.
