The Free Press
NewslettersSign InSubscribe
Following the Law Isn’t ‘Jim Crow 2.0’
“The Virginia gerrymander was not unconstitutional garbage,” writes Jed Rubenfeld, “but the Virginia Supreme Court had a better argument.” (Illustration by The Free Press)
The rejection of Virginia’s congressional map was required by state law, but cynics condemned it as a political power grab.
By Jed Rubenfeld
05.14.26 — U.S. Politics
--:--
--:--
Upgrade to Listen
5 mins
Produced by ElevenLabs using AI narration
2
6

“Jim Crow 2.0”—that’s the new Democratic sound bite to describe the gerrymandering fiascos unfolding in Louisiana, Virginia, and other states where Republicans are winning the redistricting wars. Democrats are blaming their losses on judges, with particular ire directed at Supreme Court Justice Clarence Thomas.

“I don’t know what kind of black he is,” said Alabama state representative Juandalynn Givan, referring to Thomas, who recently joined the Court’s blockbuster opinion striking down racial gerrymandering. “His ancestors had to be the ones that sold us out in Africa. He is the man who has turned us back into the hands of the master.”

Things may be about to get even worse. After the Virginia Supreme Court last week slapped down Democrats’ wildly partisan redistricting gambit in that state—designed to give them 10 out of Virginia’s 11 congressional seats—House minority leader Hakeem Jeffries called the decision “shocking” and said it aligned with the U.S. Supreme Court’s “Jim Crow–like attack” on black voters. Now Virginia Democrats have appealed the state court’s ruling to the U.S. Supreme Court. If the justices deny that appeal, as everyone expects, that will add yet more fuel to the fire.

Start Your Free Trial to Unlock This Story
Support our journalism and unlock all of our investigative stories and provocative commentary about the world as it actually is. Get your first 7 days free.
Annual
$8.33/month
Billed as $100 yearly
Save $20!
Monthly
$10/month
Billed as $10 monthly
Already have an account?
Sign In
To read this article, sign in or start your free trial
Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Justice
Law
Race
Comments
Join the conversation
Share your thoughts and connect with other readers by becoming a paid subscriber!
Already a paid subscriber? Sign in

No posts

For Free People.
LatestSearchAboutCareersShopPodcastsVideoEvents
Download the app
Download on the Google Play Store
©2026 The Free Press. All Rights Reserved.Powered by Substack.
Privacy∙Terms∙Collection notice