EPISODE · Jun 3, 2026 · 39 MIN
The Callais Decision Part I
from Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · host Mark Tushnet, Louis Michael Seidman
In the first of two episodes about the Callais decision we speculate about its immediate impact on the 2026 elections, with Mark trying to minimize that impact and Mike arguing that it’s likely to be significant. Then we provide a detailed explanation of the historical background of the 1965 Voting Rights Act, emphasizing the ways in which it was initially interpreted (a combination of generosity and restrictiveness), how Congress responded, and then how the Court began to narrow its effects. The doctrinal details, while intricate, are important for listeners trying to understand exactly why the Callais decision is so threatening to minority representation.
What this episode covers
In the first of two episodes about the Callais decision we speculate about its immediate impact on the 2026 elections, with Mark trying to minimize that impact and Mike arguing that it’s likely to be significant. Then we provide a detailed explanation of the historical background of the 1965 Voting Rights Act, emphasizing the ways in which it was initially interpreted (a combination of generosity and restrictiveness), how Congress responded, and then how the Court began to narrow its effects. The doctrinal details, while intricate, are important for listeners trying to understand exactly why the Callais decision is so threatening to minority representation.
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The Callais Decision Part I
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