Jun 13, 2026 By Gary Stout 5 min read

When it comes to racism and civil rights in America, hard-fought victories have often taken a turn for the worse. This backsliding has produced policies that hamper the equal rights of African Americans. In 2026, the pattern has been repeated, this time initiated by the Supreme Court.

First, some background on Reconstruction followed by the period known as “Southern Redemption.” Redemption erased much of the civil rights progress achieved after the Civil War.

Britannica summarizes the Reconstruction era (1865-77) as groundbreaking because “it redefined U.S. citizenship, rebuilt the fractured Union after the Civil War, and attempted to create an interracial democracy. Reconstruction permanently transformed the Constitution and the federal government’s role in protecting civil rights.”

The National Endowment for The Humanities tells us that “by 1873, many white Southerners were calling for ‘Redemption’ – the return of white supremacy and the removal of rights for Blacks – and the end of Reconstruction. This political pressure to return to the old order was often backed up by mob and paramilitary violence… The South slipped back toward many of the patterns of the antebellum era.”

The Jim Crow era in the South did not formally end until the Supreme Court’s decision in Brown vs. Board of Education in 1954 (making segregation in public schools unconstitutional), the passage of the Civil Rights Act of 1964, and the Voting Rights Act of 1965. Together, these legal and legislative victories enforced the 14th and 15th Amendments, stripping state and local governments of the legal authority to enforce segregation. For the first time since 1865, the federal government renewed its dedication to Reconstruction.

The Civil Rights Act outlawed racial segregation in public accommodations (like theaters, restaurants, and hotels). It also banned employment discrimination based on race.

The Voting Rights Act struck down discriminatory voting practices — such as literacy tests and poll taxes. These practices had historically been used to disenfranchise Black citizens. Section 2 of the Act permitted individuals to sue states for practices like drawing up unfair voting districts.

On April 29, in Louisiana v. Callais, the six Republican-appointed members to the Supreme Court rewrote the Voting Rights Act to eliminate protections it has long secured for minority voters. The opinion makes it almost impossible for minorities to challenge racially discriminatory voting maps.

To understand the history of complicated constitutional issues and the importance of Supreme Court rulings, my “go-to” source is often David Cole, a prominent legal scholar, author, and former National Legal Director of the American Civil Liberties Union (ACLU). His works primarily focus on constitutional law, civil liberties, and criminal justice. Cole writes often for the New Yorker and The New York Review of Books.

In a recent article in the latter publication, Cole argues that “the Supreme Court’s decision dealt a fatal blow to the Voting Rights Act.” He believes that the court “adopted reasoning that Congress rejected more than forty years ago.” The title of his article is The Second Redemption.

Cole gives us an excellent example of what the Voting Rights Act was intended to avoid. “Imagine a state in which 20 percent of voters are Black and there are ten congressional seats. If the legislature divides the pie so that Black voters make up 20 percent of the voters in each district, none of the candidates preferred by Black voters would make it to Congress. White voters would effectively choose 100 percent of the delegation.”

Cole is especially distressed because Congress had no role in crippling this landmark legislation. There was no debate to determine whether these voting rights should be repealed. In fact, Congress has reauthorized the act four times since its passage and only expanded, not narrowed its scope.

The recent Supreme Court decision, authored by Justice Samuel Alito, all but killed Reconstruction for a second time and supported a second Southern Redemption. One-third of Louisiana’s population is African American. Under the 2022 redistricting map, following the census, they were only able to elect one sixth of the state’s congressional delegation. A federal court found that the plaintiffs had a right to create a second Black-majority district, and the state complied.

Alito effectively overturned the interpretation the Supreme Court has given the Voting Rights Act in nearly a dozen precedential decisions over 40 years. He has set up a new “test” in striking down the second African American friendly voting district. Cole believes that “no one will be able to satisfy the test.” According to Cole, our Supreme Court majority apparently believes “Congress would be a better place with no Black representation from the south, even from states with substantial Black populations.”

What have been the ramifications of the Alito decision? Already, four Southern states are rushing to redraw their maps to eliminate districts with Black majorities before this year’s midterm elections. More will no doubt do so before the 2028 presidential election.

Cole points out, “In the past, the Court has regularly declined to grant last minute voting rights relief. It did not want to create uncertainty too close to election day. But now the majority seems remarkably willing to cause late-breaking confusion.”

Cole concludes “the future is bleak for both minority voters and for democracy itself. The United States going forward will become even more polarized than it is today.”

When it comes to civil rights in America, the battle is far from over.