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Civil rights legislation sparked powerful backlash that's still shaping American politics

Julian Maxwell Hayter, Associate Professor of Leadership Studies, University of Richmond, The Conversation on

Published in Political News

One of the Reagan administration’s strategies was to associate minority voting rights with so-called reverse discrimination. They argued that laws privileging minorities discriminated against white voters.

Here’s the background to that strategy:

The years following 1965 were characterized by the dilution of Black Southerners’ voting power. Realizing that they couldn’t keep African Americans from voting, Southerners and segregationists resolved to weaken votes once they’d been cast. They gerrymandered districts and used other means that would dilute minority voting power.

African Americans took the fight to the courts. In fact, nearly 50 cases involving vote dilution flooded the court system after 1965.

Over the course of the 1970s, the Supreme Court met the challenge of vote dilution by mandating the implementation of majority-minority districts.

Conservatives during the early 1980s had become increasingly alarmed by the Supreme Court’s and Department of Justice’s preference for drawing racial district boundaries to give minorities more influence in elections in such ”majority-minority districts.“ These districts aimed to guarantee that minorities could elect candidates of their choice free from machinations such as vote dilution.

 

With little regard for vote dilution itself, conservative politicians and their strategists argued that majority-minority districts discriminated against whites because they privileged, like affirmative action policies, equality of outcomes in elections rather than equal opportunity to participate.

This strategy paid off.

During the 1980s, Republicans used congressional control, a Republican White House and judicial appointments to turn the federal court system and the Department of Justice even further right.

By the 1990s, conservatives replaced federal officials who might protect the Voting Rights Act. In time, these developments, and growing conservatism within the courts, prompted conservative litigation that continues to shape civil rights laws.

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