Segregation Without Representation

Seated from left are Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito and Elena Kagan.
Standing from left are Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh, and Ketanji Brown Jackson.
Credit: Fred Schilling, Collection of the Supreme Court of the United States

As I watch conservative state legislatures across the country trip over themselves to disassemble Black power at the ballot box, I’m reminded of the Scramble for Africa in the late 19th century.  At the Berlin Conference of 1884-1885, European colonial powers divided up the African continent for the extraction of resources, the economic and religious subjugation of people and to measure and compare their global might.[1]  Europeans never asked or considered what African people wanted or needed (independence) or whether or not they already had systems of governance and resource management in place (they did).  Europe had greed and a superiority complex backed up by the lethal violence of guns.  There was certainly never any consideration of African peoples having a say for themselves.  This was the colonial playbook.

With the recent decision by the Supreme Court to effectively nullify the Voting Rights Act of 1965 in their decision on Louisiana v Callais (2025), we are watching the colonial playbook once again and it is no less disruptive, violent, self-serving or misguided in 2026 than it was in the 1880s. [2]  In a Chief Justice Roberts fever dream about some mythical “color-blind Constitution” (thank you Justice Thomas) we are watching in real time as the highest court of the land creates a precedent for the Frankenstein resurrection of Jim Crow.[3]  It lives! What most people don’t consider about the way the Jim Crow system worked was that it wasn’t just about access, or segregation for segregation’s sake, it was about representation and civic agency.  In a REPRESENTATIVE democracy, without representation…without the ability to have one’s voice heard through the democratic process…without having a say…one is a non-citizen (disenfranchised).  This is part of the modern conservative movement chipping away at the equal protection clause of the 14th Amendment (interpreting DEI as somehow harmful to white people, etc.), the re-negging on any right to non-white US citizenship, and the push for the prominence and protection of the supposed and wholly offensive concept of a “Heritage American”.[4] Welcome to the Colonial Playbook 2.0.

Segregation today is worse than it was 30 years ago and the racism that feeds it is not a thing of the past.  What is more, there is no legislation that can cure racial discrimination because racial discrimination begins with how people see themselves in relationship with others.

The conservative Justices are operating in a universe that doesn’t exist.  They seem to believe that racism is a thing of the past and that the legislative remedies that have been applied to address it are no longer necessary.  I wouldn’t be surprised to discover that they all live in white dominated segregated neighborhoods…or that they always have (Thomas excepted).  They do not understand the lived experience of Black life, other than maybe their adopted children and seeing Justice Jackson on a regular basis (Thomas excepted…though his identification with Black life might be debatable at this point).  I’m referring to Black life unshielded by wealth and white adjacency; Black life trying to exist in the glare of white suspicion, exclusion, assumption and a lack of familiarity that has been literal centuries in the making and that continues to shape every corporation, housing complex, school and institution of the United States.

Segregation today is worse than it was 30 years ago and the racism that feeds it is not a thing of the past.[5]  What is more, there is no legislation that can cure racial discrimination because racial discrimination begins with how people see themselves in relationship with others.  This is where good white liberals stumble; racism is personal and internal, not external and negotiable.  It is fear compounded by a scarcity mentality that causes people to create enclaves of exclusion to those they deem incompatible or dangerous to social cohesion. This is evident in both white exclusion and Black se-clusion because Black people don’t want to spend every waking hour doing race work whether as a defensive tactic or educating white allies.  Most Black folks would rather live in a place where they can breathe easy, regardless of economics or even personal safety.  For those of us who like to dream, we know that racism is not going away without a more drastic moral and ethical intervention that will require overturning and rethinking a half millennium of Euro-centric education, global hate-based “science”, philosophy and indoctrination.  That project is beyond the severely underequipped scope of the US government.

But even with limitations, smart and objective leaders and scholars in the not so distant past, have recognized the need to work with human weakness.  This is why legislation had attempted, through the 1965 Voting Rights Act, to create the systemic guardrails so that people’s underlying personal attitudes and misconceptions about one another could no longer be codified as harmful and dehumanizing policy. The goal was not to end racism.  The goal was to arrive at a place where even with racism alive and well, all people had a chance to be recognized as full participants and as whole people with a voice; the prevention of a weaponized government. [6],[7]  It is worth quoting Justice Kagan’s dissent at length to describe the mechanics of what has now happened as a stark contrast to the spirit of 1965:

Consider the story of a hypothetical congressional district in a hypothetical State, subjected to a redistricting scheme. The example is admittedly stylized, but in its essence simulates the dispute before us, and clarifies the immense issues at stake. The district, let’s say, is a single county, in the shape of a near-perfect circle, sitting in the middle of a rectangular State.  The State is one with a long history of virulent racial discrimination, and its many effects, including in residential segregation and political division, remain significant even today. The population of the circle district is 90% Black; the rest of the State, divided into five surrounding districts, is 90% White.  And voting throughout all those districts is racially polarized: Black residents vote heavily for Democratic candidates, while White residents vote heavily for Republicans.  The circle district thus enables the State’s Black community to elect a representative of its choice, whom no neighboring community would put in office. But that arrangement, in this not-so-hypothetical, is not to last.  The state legislature decides to eliminate the circle district, slicing it into six pie pieces and allocating one each to six new, still solidly White congressional districts. The State’s Black voters are now widely dispersed, and (unlike the State’s White voters) lack any ability to elect a representative of their choice. Election after election, Black citizens’ votes are, by every practical measure, wasted. That is racial vote dilution in its most classic form.  A minority community that is cohesive in its geography and politics alike, and that faces continued adversity from racial division, is split—“cracked” is the usual term—so that it loses all its electoral influence.[8] (emphasis mine)

We are at the dawn of a renewed period of segregation without representation.  Black congressional districts will now be sliced and diced and “scrambled” for so that “color-blind” white majority politicians can say “see, we’re not racist…we have Black people in our district!”  But unlike Africa in the 19th century, the resource conservative politicians are seeking is not gold or human labor; it is Black civic power and agency.  They will extract it behind a performative mask of equality, diversity and fairness…only to bury it alive in a redistricted unmarked grave.

As long as the racist system can claim that it has at least one Black friend, or adopted child or neighbor, it can claim to be race neutral.  It never has to talk about the white hood hanging in the back of its mind, or its closet.  It also never has to get closer than it is comfortable with to consider the real lived human experience of the Black “other”.  According to this myth, race can remain a hypothetical, theoretical consideration and not something that is lived in silence and exclusion.

Despite Project 2025, despite the Bad-Built-Billionaire-Bought-Body of the Republican Congress and despite an Executive Cabinet that looks like a Fox News casting call, we cannot be distracted by trivialities.  This is not good enough.  While none of us might live to see the day, we still must invest in the long game of ending racism and racialization.  This will not happen by blithely declaring that “race doesn’t exist”, but by intentionally recognizing the ways in which race is real, and providing unbendable guardrails on the path toward tearing it down (like the East Wing of the White House, except this demolition will have a useful purpose.)  To do this requires knowing all of race’s contours and hidden traits and histories and thoroughly understanding how race works as a structure attached to, around and inside of all of us.

The edifice we call the United States was built entirely on an 18th century foundation of European-derived racial stones.  It was then clad with shingles of male-centered sexism and topped with a roof of religious exceptionalism and filled with the spoils of slave-based capitalism and war.  It is an unsound structure in its current states, and it does not serve all of “we the people”.  The first step to demolishing this thing to make way for something better suited to an evolved and ever-evolving democracy is to clear away everything that keeps the old, dangerous structure standing.  If the six radical conservative Supreme Court Justices are the load bearing walls…then let theirs be the first bricks to go.  This property is condemned.

ALD

[1] “The Berlin Conference,” Https://Www.Oerproject.Com/, accessed May 9, 2026.

[2] “Louisiana v. Callais (Voting Rights Act) (24-109),” accessed May 9, 2026.

[3] “Louisiana v. Callais (Voting Rights Act) (24-109).”

[4] “Are You a ‘Heritage American’? The Online Right Would Like to Know. – POLITICO,” accessed May 9, 2026.

[5] “Home | Othering & Belonging Institute,” accessed May 9, 2026.

[6] George Wallace’s 1963 inaugural address as governor is exemplary of the racial tone of a place like Alabama at the time.  “Inaugural Address of Governor George Wallace, Which Was Delivered at the Capitol in Montgomery, Alabama. – Alabama Textual Materials Collection – Alabama Department of Archives and History,” accessed May 9, 2026.

[7] “Voting Rights Act (1965),” National Archives, October 6, 2021.

[8] “Louisiana v. Callais (Voting Rights Act) (24-109).”

Recommit…

Sen. Tammy Duckworth (IL)

Over the last three months I’ve made tremendous progress toward earning my PhD at the University of Virginia.  My dissertation project has been approved, and I am now officially writing.  My goal is to finish in May of 2027.  Apparently, the number “7” is my thing…Princeton ’87, Pacific School of Religion ’17, UVA ‘27…kind of cool.

Rep. Terri Sewell

As I approach this threshold, I recognize that my work is needed in the world.  While parish ministry gave me a great deal of practical on-the-ground experience and the opportunity to make one kind of contribution, the experience of immersing myself in the deep study of why people do what they do has been an even more natural fit.  I’m now positioning myself to be able to publicly write, speak and teach in a way that contributes to the capacity for people everywhere to live better with one another.  Specifically, my work responds to the weaponization of belief…belief based on religion or belief that is simply held as if it were religion…a.k.a. dogmatism.  Belief conflated with government defeats the basis of a pluralistic society and we are already mired in that morass.  Stark ideological entrenchment reinforced by technological echo chambers has proven to be the most toxic and potentially lethal invention of the 20th century.

In order to stay focused, I’ve had to remain largely offline over the last few years and particularly since January.  Today, my 61st birthday, however, I’m recommitting to being part of the conversation.  The balance between the day-to-day of academic life (researching and teaching) and the whiplash of modern politics is a lot to manage, but I’m feeling greater urgency as I get more fluent with this work and as more extreme positions of dogmatism emerge.  I believe that it is essential for scholars like me to focus on practical applications for what we study and not just obsess over our personal grain of sand at our computers.

I want to point you toward three moments from this past week that have kept me thinking about what it means to commit to being a public scholar in this time:

Senator Tammy Duckworth on Iran War Powers Resolution

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Representative Terri Sewell confronting RFK, Jr. on his racial (racist) comments

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“Charlie Kirk Laws” promoting religion and free speech

Each one of these moments is a lot to take in.  But a significant line of human logic connects them through what I named before:  weaponization of belief.  The literal weaponization of belief pulled us into the war with Iran; the willingness to weaponize an unfounded racialized belief about black children and families, makes RFK, Jr. a genuine threat in public service; and the weaponization of religious belief is attempting to turn the US Constitution into a legislative sword for Christianity.

My dissertation is about Rev. Ethelred Brown (1875 – 1956), Black Unitarian minister from Jamaica, and the sermons he delivered during the height of the Harlem Renaissance as part of the New Negro movement.  But inside that grain of sand, I’m asking questions about how Brown understood himself at the intersection of Caribbean, Harlem, Black and Unitarian identity and how that understanding translated into his public words as a minister.  I am asking about what Brown believed, why he believed it and how he expressed that belief in his sermons.  While I am humbled by his ministry a century ago, my dissertation goes beyond revealing an important history.*  For me, Ethelred Brown is primarily a foundational case study on whom I hope to base theories and practical tools that might be applied toward the challenges we face in the way belief is activated in the public discourse today.

This blog is a “note to self” to stay in this work.  I will invite you to also consider how you might stay committed to being an engaged participant.  It doesn’t need to have a big splash, but it does require conscious intention.  That is how we disrupt the bots and memes and careless disposable rhetoric.  All of our active and deliberate participation is required.  Not just for the American experiment, but for the wider grand human experiment to realize its full promise and potential.

ALD

*See the excellent historical work about Brown from Mark Morrison-Reed, and Juan Floyd-Thomas