Can Race and Politics Be Disentangled? Inside Allen v. Milligan

On June 2, 2026, the Supreme Court handed Alabama a major win in its long-running redistricting fight — letting the state use a congressional map with just one Black-majority district, even after a lower court found the map intentionally discriminates against Black voters. Just 48 hours later, the Law & Democracy hosts unpack the 6-3 emergency-docket order in Allen v. Milligan. The conversation centers on the question driving the case: Can race and politics be disentangled? Building on Louisiana v. Callais, the Court has embraced the idea that if a map can be explained by partisanship, racially polarized voting becomes invisible under the Voting Rights Act — even when racial and partisan lines are, in the Deep South, often the same lines. The hosts dig into the Court’s “colorblind” reasoning, its selective use of the Purcell principle, mid-decade redistricting, class and the “diploma divide,” a possible Democratic move to unwind their own majority-minority districts, and what it means for civic health if minority voters feel permanently submerged within larger coalitions. Hosts: Tony Gaughan, Ned Foley, Anne Ralph, and Terri Enns — Election Law Program at The Ohio State University Moritz College of Law. Learn more: Allen v. Milligan, Supreme Court order: https://www.supremecourt.gov/opinions/25pdf/25a1314_7m58.pdf Joey Fishkin, “It’s All Politics,” Election Law Blog: https://electionlawblog.org/?p=156586 Louisiana v. Callais, Supreme Court opinion: https://www.supremecourt.gov/opinions/25pdf/24-109_21o3.pdf Questions or comments? Email us at [email protected]. Recorded on Wednesday, June 4, 2026.