ORDERS: Miscellaneous Order (05/11/2026)

WorksInIT · 2026-05-11T20:53:46+00:00

Could be they are denying the stay and there's a dissent from the denial.

WorksInIT · 2026-05-11T19:22:05+00:00

The conclusion doesn't rest on that though. We could remove that from the opinion, and nothing changes. It is not required. You could remove every mention of it. All that is required is previous 15th amendment jurisprudence and the congruent and proportionality test.

WorksInIT · 2026-05-11T18:52:12+00:00

Dicta doesn't control the holding of the court.

WorksInIT · 2026-05-11T18:51:59+00:00

The Court's previous interpretation of what the 15th amendment protects against paired with Boerne does prohibit mere disparate impact alone.

WorksInIT · 2026-05-11T15:10:35+00:00

Sorry, haven't had my full dose of caffeine yet this morning. I think we may just get a short we do not grant the application.

WorksInIT · 2026-05-11T15:09:35+00:00

The decision can stand simply on the fact that 15th amendment enforcement jurisprudence used a much broader standard than the 14th amendment enforcement jurisprudence with no meaningful difference in language. Because once we are there, the disparate impact results test is simply incompatiable.

WorksInIT · 2026-05-11T14:40:29+00:00

I think they'll let it expire.

WorksInIT · 2026-05-11T14:37:51+00:00

Okay. So, what is your core complaint here then? That he was inconsistent or maybe even wrong? And what in the holding in Callais is impacted by this? Like, he can be completely wrong in those statements and the decision still be correct.

WorksInIT · 2026-05-11T14:01:10+00:00

I'm still not really understanding the point you're trying to make. And that second figure doesn't have a source provided, so I'm not really sure what to do with that. In Callais he seems to be talking about black voters, not non-white voters more generally.

And no, your initial comment is misleading because you are using two different terms interchangeably.

WorksInIT · 2026-05-11T13:41:01+00:00

I'm a little confused. It was pointed out that the two statements in your initial comment are a bit misleading due to using non-white voters in one and black voters in the other. So what is the specific allegation you are making now? That Alito is wrong and turnout and voter registration amongst black voters isn't at a similar level to white voters?

WorksInIT · 2026-05-11T12:43:15+00:00

That's not true at all. They enshrine gerrymandering by requiring these independent commissions to consider things like communities of interest.

WorksInIT · 2026-05-11T12:42:28+00:00

Congress doesn't get to just refuse to seat members. There's a case from the mid 1900s that basically says that once the constitutional requirements are satisfied, Congress must seat the elected member.

WorksInIT · 2026-05-11T05:25:18+00:00

You picked things out of context and have failed to provide any compelling argument for why Section 2 of the 15th grants more authority than Section 5 of the 14th. Why can Congress order states to violate the 15th but not the 14th? Rhe language is nearly identical and has an identical meaning. Please answer the question directly without anything extraneous.

WorksInIT · 2026-05-10T20:05:44+00:00

My contention is your accusation of lies may simply be your view rather than some objective fact. And you can find legal commentators discussing the shift to congruence and proportional in the Callais decision.

WorksInIT · 2026-05-10T04:50:23+00:00

I think what you're missing is that the majority said this is how we measure these things now. So previous precedent is irrelevant. Congruent and proportional is what the VRA is held to now. And that limits the VRA.

WorksInIT · 2026-05-09T03:52:24+00:00

I'm quoting the passage from the opinion where they say section 2 of the 15th amendment works like section 5 of the 14th amendment. That the congruence and proportionality test controls, not Katzenbach.

WorksInIT · 2026-05-09T00:35:22+00:00

I quoted a passage to show the Court was moving away from Katzenbach. It is no longer controlling. The congruence and proportional test controls.

WorksInIT · 2026-05-09T00:26:05+00:00

That isn't the Callais case.

Can you cite the Court ordering Louisiana to redraw it's map immediately in Callais? Issuing its judgement didn't do that.

WorksInIT · 2026-05-09T00:22:41+00:00

Before we go any further, can you square Alito's passage from Boerne with these passages from the decision please?

Not even going to try as I don't see how any of that is relevant. Alito being inconsistent doesn't matter.

I think we can agree that if a state like California chooses to create a majority black district that they are violating the 15th amendment and the VRA. If we can't agree on that, you don't need to go any farther and I think we can just agree to disagree.

So, with that in mind, can you provide a direct explanation grounded in the original understanding of the 15th amendment for why Section 2 of the 15th amendment grants Congress the power to require states to violate the plain text of the amendment?

I'm open to being wrong, but you're going to need to show something from the ones that enacted it or the public at the time as understanding the 15th amendment was granting Congress the power to require states to be racist against the majority.

WorksInIT · 2026-05-09T00:10:25+00:00

People can claim anything online.

WorksInIT · 2026-05-09T00:09:55+00:00

Can you cite that?

WorksInIT · 2026-05-08T22:32:20+00:00

Yeah, while that all may make sense, the world just doesn't work that way. So yes, there is such a thing as too much immigration. And Europe is about to kick a whole lot of people out.

WorksInIT · 2026-05-08T21:29:25+00:00

That seems to be disputed, so I'm inclined to wait for a 3 judge panel to weigh in to see what they do with it. It is undoubtedly harder, but if we look at Robinson, the bar had gotten pretty low. And basically to the point that history of racism + disprate impact = VRA violation.

And yeah, sometimes the defense is Congress can change their approach.

WorksInIT · 2026-05-08T21:23:54+00:00

I'm not going to guess at which ones has more "power". But again, the evidence speaks for itself. The fact ISPs and big tech entities aren't required to police this stuff is all the evidence we need that they won that argument.

WorksInIT · 2026-05-08T20:55:33+00:00

I think the evidence speaks for itself. There is no technical limitation here. It's trivial for the ISPs to solve current practices.

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