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In one of the more anticipated decisions of this term, the Supreme Court (6-3 on ideological lines) has struck down the second Louisiana majority-black district. They did not rule categorically that race may not be used as a factor in redistricting decisions, but they did rule that if a redistricting decision could be explained by a partisan gerrymander rather than a racial one, there was no case.
In practice, if taken seriously by lower courts, this pretty much destroys nearly all Section 2 Voting Rights Act cases, because of the strong affiliation between blacks and the Democratic Party.
This is like saying that if I ban my employees from wearing turbans during work then I'm not discriminating against Sikh Men, even though Sikh Men are the ones who are going to be hit by the change almost exclusively. All I've done is laundered religious prejudice through an apparently neutral criteria. Shame on the 6 ideological justices.
I think your example is more than simply disparate impact. If you decide that out of all headwear, turbans are verboten it seems likely that you are intentionally using this as a proxy.
A better comparison would be an accounting firm which only hires hot women. Then some Muslims complain that this is a discrimination against Muslims, because in traditional Muslim families, it is the husband who works outside the house and earns money. The employer does not give a damn about the religious affiliations of his employees, as long as there is enough cleavage for him to leer at. Is the employer guilty of religious discrimination?
Southern Republicans don't care about the skin color of the voters, they would happily win with the votes of the Blacks if the Blacks were voting for them. However, they care about the Republicans winning the maximum amount of seats, and Blacks tend to vote for Democrats, so they gerrymander to constrain the voting power of them, just like they try to constrain the voting power of urban communities or furries.
If Republicans were on record that they would rather lose than win with Black votes, things would be clear, it would be straightforward racial discrimination. This way, it seems much less clear, but I would argue that partisan gerrymandering is bad in itself.
Obviously FPTP is to blame, and the US should just adopt a better voting system. Or they should do recursive gerrymandering. (7% voted for candidate A, but due to communal gerrymandering, candidate A won 13% of the communities. Due to the gerrymandering of the communities, this won him 26% of the districts. Due to the distribution of states, this this won him 51% percent of the EC vote, so welcome your new president.)
Unironically, not so! If I’m running a machine shop, I don’t want turbans anywhere near my lathes. Other headwear doesn’t present nearly as much of a scalping risk.
That is fair. If you ban shawls, turbans and neckties, (or even better, impose upper limits on the tensile strength of anything rope-y worn around above the belt line), I would call that very reasonable.
(Of course, for the SJ left, that is still disparate impact. And the fact that you are running a machine shop instead of an ad agency in the first place is just further evidence that you are in the enemy class.)
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