Crucial Supreme Court victories in the fight to protect the right to vote have left an indelible mark on our democracy. Amid the extensive media coverage of these blockbuster decisions in recent months, however, one crucial factor often goes unnoticed: the indispensable role of civil-rights organizations and the philanthropic institutions that help fund them in the continuing struggle for fair representation and to safeguard our democracy.
The landmark Supreme Court ruling that requires Alabama to redraw its congressional district map has the potential to change the composition of today’s Congress and give Black Alabamians representation they have not had since Reconstruction. And a decision on a case from North Carolina spared the United States a potential surge in brazenly antidemocratic legislation by rejecting the fringe theory that state courts can have no say over redistricting decisions made by state legislatures.
These triumphs will have far-reaching implications. More than 30 pending lawsuits will be affected by the Alabama case. Louisiana has already been ordered to change its congressional redistricting map. The importance of fair maps can’t be overstated: Discriminatory districting essentially strips people of color of the right to have any power over the policies that affect their families and neighborhoods.
We are honored that we are leaders of organizations that have played an integral role in defending the political power of Black Alabamians and upholding the rule of law.
Essential to that effort, however, was a substantial philanthropic investment in building power and supporting grassroots infrastructure in states like Alabama. Equally as important was philanthropic support that financed the redistricting lawsuits. It takes costly research and extensive expert analysis to satisfy the complicated legal requirements.
These resources are necessary even in the face of clear evidence of racial discrimination: While more than one in four Alabama residents is Black, Black voters determine representation in only one of seven congressional districts.
At a key lower-court hearing and then in arguments at the Supreme Court, we provided evidence of the systemic injustices in Alabama that impeded fair representation for Blacks in a state where white supremacy is deeply rooted in many of its social institutions. The Court agreed that the Voting Rights Act requires Alabama to go back to the drawing board and get rid of gerrymandered districts.
Since its passage, the Voting Rights Act has faced attacks seeking to dismantle this critical protection for people of color in states and local jurisdictions with a continuing history of discrimination in voting, particularly in states like Alabama. Ten years ago, the U.S. Supreme Court gutted the heart of the Voting Rights Act. It was only because of that ruling that the Alabama state legislature was able to conduct last year’s congressional election using the lopsided and racially discriminatory map that has now been outlawed.
Philanthropy’s Contributions
Because the courts have made it so hard to ensure equity in congressional districting, philanthropic coalitions of donors, like Fair Representation in Redistricting, made it a priority to invest in work led by people of color to push back against discriminatory maps.
Philanthropic funds went to strengthen nonprofits in an array of ways. They ensured that organizations could pursue lawsuits. And they allowed nonprofits to help the public understand how discriminatory maps lead to inadequate representation and why inadequate representation leads to inequitable funding for schools, health care, public transportation, clean water, and other resources. It was critical to shift the narrative from redistricting as a partisan food fight to redistricting’s potential to harm the interests of communities of color and undermine constitutional principles.
Early significant grant making to community groups in Alabama and other states that had lost the full protection of the Voting Rights Act meant that people of color were able to mobilize residents to make their voices heard in the highly technical and partisan redistricting process. Most important, the nonpartisan funding helped make sure it wasn’t just self-interested politicians setting policy but everyday citizens.
We must acknowledge, too, that the Alabama victory depended on the courage of people and nonprofits that were willing to put their names on the lawsuit. Evan’s role is why the case at stake is called the Allen v. Milligan case. He was joined by Black voters and organizations in Alabama: Khadidah Stone, Letetia Jackson, and Shalela Dowdy, the Alabama State Conference of the NAACP, and Greater Birmingham Ministries.
And it depended on the years of expertise in fighting for voting rights developed over 80 years, by Janai’s organization, the NAACP Legal Defense Fund, which was lead counsel along with the American Civil Liberties Union and ACLU of Alabama. The resilience that these individuals and nonprofits demonstrated in taking on this battle in a state that has for so long deprived Black people of essential rights should not be underestimated.
Defying the Court’s Ruling
Black families in Alabama know what it is like to live in a community that struggles to survive with little public or private investment. For instance, some members of Congress who represent Alabama’s Black Belt voted against bills, like the bipartisan infrastructure bill, that would bring much-needed resources to Black people in the state.
The majority of lawmakers in the Alabama state legislature chose a congressional map that would cement the underrepresentation of Black voters’ preferred candidates for another decade. Many people of color in other states have similar experiences, where fair representation is intentionally thwarted and the daily needs of their communities continue to go unmet.
While this year’s Supreme Court victories represent significant milestones in a long fight for justice, they did not establish new and needed protections of the right to vote.
That became especially clear when Alabama’s legislature last month defied the court’s ruling and refused to create a second majority-Black congressional district. As we have seen increasingly often, when Black Americans score major victories at the federal level, states and localities often attempt to subvert the rule of law, requiring more, costly litigation and organizing.
Time to Step Up
That’s why we need philanthropy to do more.
Through sustained investment in state and local redistricting efforts, and the protection of voting rights, philanthropy can help forge a future where opportunity is accessible to all, regardless of background or ZIP code. We must seize this moment and continually work to realize the promise of our multiracial democracy where there is access to opportunities that enable all communities to thrive.
We must continue the fight for state laws that target the ability of politicians to use the redistricting process to draw themselves into perpetual power by discriminating against voters of color. We must also explore necessary changes in the redistricting process.
In addition to state laws, we must fight for stronger federal voting-rights legislation that will protect communities of color. These are all critical steps to ensuring a fair and equitable map-drawing process at all levels of government.
True transformative change takes time and smart, long-term investments. Who also understands this principle very well? Donors investing in legal strategies that make the country less inclusive and democratic. Some have been very large, like the $1.6 billion the manufacturing magnate Barre Seid provided to networks working to undermine our efforts. Given the scale of the resources stacked against us, we must have enough resources to push through multiple losses to sustainable wins.
When we achieve victories like we did in this year’s Supreme Court term, we must capitalize on this moment to do all we can to advance a healthy, vibrant, inclusive democracy that holds government accountable to all its constituents.
Central to that effort is strengthening the critical partnership between philanthropy and those doing the hard work of saving our democracy.
