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).”

Disgusting

* This piece mentions sexual violence and human trafficking

As I have shared here before, I am currently studying for a PhD in Religious Studies at the University of Virginia.  This work is focused on the ethics of embodiment as a question of equity.  My specific concentration explores the way race has been created and reinforced within Western modernity.

In my pastoral training before this, I actively explored  issues of sexuality and gender as part of my ministry.  I continue to stay closely informed on the global crisis of criminalizing sexuality and weaponized government that marginalizes sexual minorities and in some cases seeks to kill them.  I am also deeply concerned with the often religiously mandated marginalization of women through both legal and extrajudicial measures.  It is shocking to look at the ways in which the United States, with its draconian roll back of women’s rights is more similar on this front to our supposed global enemies than a long-standing ally like France.  Although we give France a run for their money in terms of racist policies around migrants.

I mention my background because in her response to the State of the Union Address, Sen. Katie Britt (R – AL) invoked what I consider from my professional experience to be the most devastating perfect storm of human tragedy.  She spoke of the issue of human trafficking in the context of border control, human migration, asylum and sexual assault.  I will not paint the graphic picture that Sen. Britt did.  That would further the harm.

I would like to, instead, caution voters and politicians from all parties.  While I do not know Sen. Britt’s personal experiences, I know that as a woman, she has more than likely experienced sexualization and even sexual violence.  I cannot walk in her shoes, I cannot tell her or any woman’s story.  Her willing participation in this theatrical and opportunistic display is something she will need to reconcile with her (I assume Christian) god.  But the political machine needs to beware of leveraging stories like the one Sen. Britt recounted for political gain. Because of the numbers of women (and men) who experience sexual violence in this world, a story like this may not garner as much sympathy as it does outrage.  Too many people will hear a story like this and cringe, not because of the horror, but because it brings them back to their own trauma.  Using this reaction as a political ploy is, in a word, disgusting.

And this is where we are at politically.  No experiences, or language (thank you Marjorie Taylor Greene) are off the table.  There is no line between harm and advantage.  There is no accountability for how both policy and words create an unlivable equation of ignorance blended with numbness to violence.  If you want to score political points, just co-opt someone else’s story.  But I shouldn’t be surprised.  Sen. Britt comes from a state where lynching black men and the gruesome mutilation of their bodies was once accompanied by picnic lunches and other “festivities” (Alabama data – https://lynchinginamerica.eji.org/explore/alabama ; book about the culture surrounding lynching – https://uncpress.org/book/9781469620879/lynched/).

Having spent time with both adult and child victims of trafficking; having witnessed the transactional playing field for that nightmare firsthand; having dear friends who work tirelessly around the world to extract people from this horror; having ministered to the aftermath of this violence, I believe Sen. Britt and the Republican Party need to issue a statement of apology.  Every victim of trafficking was further harmed by the careless and performative display that millions of people witnessed.  Shame on you all.  Human trafficking is not an American political football.  It is people’s often too young lives being shattered and their humanity being stripped of any sense of civilization.  Only they have a right tell their stories.  It is a testament to the resilience of the human animal that any of them survive to do so.  Far too many do not.

I don’t expect the Republican Party to do the right thing.  Their concern is fundraising to pay the legal bills of their presumptive candidate.  The brittle husk of what is left of their political agenda is preparing to evaporate into dust as the cult of personality replaces it.  In fact, while I and other people with a conscience watched Sen. Britt, sickened by her middle-school-does-Peyton-Place performance, I’m sure some of her followers were fully entertained by the arm’s length spectacle of someone else’s suffering.  They likely ate it up, along with some fried chicken and a beer…just like the good ol’ days.

ALD