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    The Push To Redefine 'Black' And End Anti-Racist Voter Protections

    en-usJanuary 02, 2023

    Podcast Summary

    • Census Counting and Political Representation for Communities of ColorAccurate census data is crucial for fair political representation, but how different racial identities are counted can have significant implications, particularly for communities of color like the Garifuna in Louisiana.

      The way people are counted in the census, particularly for communities of color like the Garifuna in Louisiana, can have significant implications for their representation and influence in elections. Hansilo Wong, NPR's census expert, shared a story about two Louisianans, Rayna David and Dr. Carmen Luz Cosme Pompiel, who, despite having similar racial identities, have different experiences with how they identify themselves on census forms. Rayna, who is Garifuna, checks off the box for both black and Hispanic, while Carmen, who is Dominican, identifies as black after moving to the United States. The ongoing legal battle in Louisiana over how black people are counted in the census could have nationwide implications, potentially weakening the Voting Rights Act. It's essential to understand the importance of accurate census data and its impact on political representation.

    • Identity Complexity and Voting RightsA legal battle in Louisiana challenges the definition of blackness for voting maps, potentially excluding individuals with complex racial identities and impacting the Voting Rights Act of 1965 and historically marginalized communities' voting power.

      Identity and race are complex constructs, and for some individuals, they may encompass multiple categories. Carmen, an immigrant from the Dominican Republic, identifies as both Black and Hispanic. However, she has experienced being labeled as solely Black by others due to societal perceptions. This complexity of identity is now at the center of a legal battle in Louisiana, where Republican officials are trying to narrow the definition of blackness for voting maps, potentially excluding individuals like Carmen. This legal fight intertwines with the future of the Voting Rights Act of 1965, a landmark civil rights legislation that aimed to ensure equal voting rights for all, regardless of race. The potential consequences of this legal battle could significantly impact the voting power of historically marginalized communities across the country.

    • Supreme Court weakens Voting Rights Act against racial gerrymanderingThe Supreme Court's interpretation of the Voting Rights Act has weakened its ability to prevent racial gerrymandering, potentially minimizing the voting power of voters of color in certain states.

      The Supreme Court's interpretation of the Voting Rights Act has weakened its ability to prevent racial gerrymandering, allowing for the creation of voting maps that disproportionately favor one party and minimize the voting power of voters of color. This was exemplified in recent cases from Alabama and Louisiana, where the Supreme Court allowed the use of questionable voting maps for the midterm elections despite lower court rulings that they likely violated the Voting Rights Act. The controversy stems from disagreements over how to define and count the Black voting population, with some officials arguing for a narrow definition that excludes those who identify as both Black and another race. The outcome of these cases could have significant implications for the representation and political power of Black voters in these states and beyond.

    • Misinterpretation of Supreme Court rulings on Black identity in voting rightsThe ongoing debate in Louisiana about narrowing who counts as Black for voter maps is based on a misinterpretation of Supreme Court rulings. Accurately defining Black identity is crucial for protecting voting rights under the Voting Rights Act.

      The ongoing debate in Louisiana about narrowing who counts as black for the purposes of drawing up voter maps is based on a misinterpretation of Supreme Court rulings. In 2003, the Supreme Court established a standard for determining the Black voting age population, which includes every adult who identified as Black on the census, regardless of other racial identities. This standard has been in place for nearly two decades without significant challenge. However, some political forces are attempting to use confusion around race definitions to potentially dismantle civil rights protections for people of color. This narrow definition of Black perpetuates an outdated binary and overlooks the demographic diversity of the country. The importance of accurately defining Black identity in voting rights lawsuits cannot be overstated, as it helps ensure that the voting power of Black communities is protected under the Voting Rights Act.

    • Supreme Court to Decide on Narrower Definitions of Blackness in Voting CasesThe Supreme Court is hearing cases in Louisiana and Alabama regarding narrower definitions of blackness in redistricting, potentially impacting black voting power and representation.

      The definition of racial categories, specifically blackness, is a contentious issue in ongoing voting rights cases at the Supreme Court. Republicans in Louisiana and Alabama are pushing for narrower definitions of blackness in redistricting cases, arguing it would prevent overcounting and give black voters more power. However, there's evidence suggesting black people are undercounted in the census, and voting rights advocates argue that limiting who can be counted as black would make it harder to protect black voting power. The Supreme Court has taken on both cases, which could have significant implications for voting rights and racial representation. The lower courts have previously rejected similar arguments, but the Supreme Court's decision to hear these cases is concerning for voting rights advocates. It's important to recognize that racial categories can include people of multiple races and that narrow definitions could have detrimental effects on underrepresented communities.

    • The Supreme Court battle over redistricting goes beyond just district linesThe potential Supreme Court ruling that race cannot be considered in redistricting could end the use of Section 2 of the Voting Rights Act, limiting Black voting power and dismantling civil rights protections for voters of color.

      The ongoing legal battle in the Supreme Court over defining who is Black and who isn't in voting maps is not just about redrawing district lines. It's also about a potential attempt by Republicans to limit the consideration of race in redistricting and even dismantle civil rights protections for black voters and other voters of color. If the Supreme Court rules that race cannot be taken into account when drawing voting districts, it could effectively end the use of Section 2 of the Voting Rights Act to challenge voting maps that weaken Black voting power, rendering most of its protections and enforcement tools obsolete. This would go against the original purpose of the Voting Rights Act, which aims to erase barriers to voting and allow racial groups to determine their political representation. The debate touches on complex historical layers that have shaped the meaning of blackness in Louisiana and beyond.

    • Louisiana's complex history with race and identityLouisiana's history challenges the black-white binary, with a legal definition of blackness influenced by French and Spanish colonialism and Caribbean ties, and evolving over time with significant weight given to 'Negro blood'.

      Louisiana's complex history with race and identity defies simple categorization. The story of Homer Plessy, a Creole man whose race was recorded differently at various points in the census, highlights the expansive and fluid nature of blackness in Louisiana's history. This history, marked by its French and Spanish colonial influences and ties to the Caribbean, has challenged the black-white binary that was more prevalent in other parts of the United States. The legal definition of blackness in Louisiana has been subject to change over time, with the state's courts placing significant weight on the notion of "Negro blood." This history was referenced in a recent redistricting case, with the judge acknowledging the state's expansive view of blackness and rejecting a proposal for a narrow definition. This history serves as a reminder that the construct of race is complex and has evolved over time, and that understanding this complexity is crucial for addressing issues of racial inequality.

    • Historical use of race for power and controlThe definition and categorization of race, particularly blackness, has been used to maintain power and control, specifically regarding wealth and political power. The ongoing debate around redefining blackness in policy contexts is not about identity but power dynamics.

      The definition and categorization of race, particularly blackness, has historically been used as a tool to maintain power and control, specifically regarding wealth and political power. This was evident in the use of blood math to define racially ambiguous people as black and the implementation of anti-miscegenation laws. The ongoing debate around redefining blackness in the context of redistricting is not about people's identity but rather about power dynamics. Race is a complex and dynamic concept, constantly being made and remade, and it's essential to remember the historical context that continues to impact individuals today. Carmen and Reina, who are likely to be directly affected by the proposed redefinition, have expressed that they would rather be acknowledged as African American if their racial identity is to be defined for policy purposes. The Supreme Court is expected to rule on this issue soon, and it will be crucial to see how they approach the question of who counts as black. Despite the challenges of accurately quantifying someone's identity, policy and the courts often attempt to do so, leading to messy and imprecise results.

    • Understanding Blackness and IdentityBlackness encompasses more than ancestry, involving power dynamics and those who define it. Listen to Code Switch for a nuanced perspective.

      The concept of Blackness and identity is complex and multifaceted, extending beyond just ancestry. While there is a human level of identification, it's essential to consider the larger context of power dynamics and who holds the instruments of definition. Hanzi Lo Wang, a correspondent on NPR's Washington desk and a Code Switch OG, discussed this topic on the show. The episode was produced by Christina Kala, edited by Dalia Mortada and Verilynn Williams, and featured contributions from the Code Switch team. Listeners can follow the show on Instagram @NPRCodeswitch, subscribe on NPR 1 or wherever podcasts are available, and consider becoming a Code Switch Plus subscriber for ad-free listening and support. The episode was sponsored by Washington Wise, a podcast for investors from Charles Schwab, and Mint Mobile, offering premium wireless plans starting at $15 a month. Support for NPR comes from American Jewish World Service, advocating for human rights globally.

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