Liberal Justices Dissent From Supreme Court’s Ruling Upholding New South Carolina Election Map

Justice Kagan says the court’s majority ignored an example of racial gerrymandering that benefits Republicans.

Supreme Court Justice Elena Kagan stands during a group photograph of the justices at the Supreme Court in Washington, on April 23, 2021. Erin Schaff/AFP via Getty Images

All three liberal justices dissented from the Supreme Court’s 6-3 decision on May 23 to uphold a congressional redistricting plan in South Carolina, arguing that the court was wrong not to find the new map was a product of race-based discrimination.

Justice Elena Kagan wrote in her strongly worded dissent that the court’s majority has gone “seriously wrong,” and ignored existing precedent by not showing due deference to the trial court in a decision that will make it more difficult in the future to prove racial gerrymandering.