As I was working on this week’s article, I realized that I could possibly combine the two biggest stories of the week by looking at one Supreme Court case: Sims v. Amos (1974).
Sims v. Amos was a case about gerrymandering in voting districts in Alabama. For years, the state of Alabama had drawn districts that allowed the rural minority to have greater representation than the more populated urban centers. Voters argued that the existing legislative districts diluted their voting power and violated the Equal Protection Clause of the Fourteenth Amendment. Although state officials admitted the districts were unequal, they urged the Court to delay action and allow the Legislature more time to fix the problem.
The Court rejected that request, emphasizing Alabama’s long history of failing to fix the problem despite constitutional requirements. Instead, the Court stepped in and drew the new map itself, making the new districts as numerically equal as possible. The case reinforced the principle that when states fail to ensure fair representation, federal courts can step in to enforce “one person, one vote.”
While the case is important in its own right, there are similarities between it and the current situation in Virginia, as well as the fact that this case was consolidated with Nixon v. Brewer (1970) and pushed for by the Southern Poverty Law Center.
There are some similarities and connections between the Sims and the redistricting vote taken in Virginia last week. After the 2020 Census, Virginia wanted to redraw its district maps and hoped that by appointing a bipartisan redistricting commission, it could avoid some of the political fights other states are going through. While the idea was a good idea on paper, in reality, it was a disaster, as all involved voted along party lines.
As seen in Sims, when the commission failed, the Virginia Supreme Court stepped in and basically drew the map itself with more equal numbers and less obvious partisanship. Under this map, the 11 districts were split 6-5 in favor of the Democrats.
Many in Virginia were critical of the court’s drawing the map, as judges are unelected. The argument was that it takes away the people’s voice. Others were concerned about the racial issues. In the past, some districts were drawn as majority-minority districts to guarantee minorities had a voice. The new map took those away and based districts just on numbers in a more race-neutral way. Whether one saw majority-minority districts as positive or not, the redistricting appeared as though it came down to party affiliation.
What Virginians voted on last week was whether or not to allow the Legislature to redraw the map or keep it with the court’s map. With the decision to allow the Democratic-controlled Legislature to change the map, it is predicted the split could now be as wide as 10-1 in favor of the Democratic Party.
Sims v. Amos made some of this story possible, which shows the original mission of the Southern Poverty Law Center when it was founded in 1971 to fight poverty and racial discrimination — both worthy causes. The Center had amazing fundraising abilities, building up a massive endowment that allowed it to bring cases against groups like the KKK. By bringing civil cases against these groups, they began to cripple them economically, stripping them of their power.
What started as Klanwatch turned into Hatewatch as the Center started fighting right-wing organizations as much as protecting civil rights. The Center now publishes its Hate Map, which helps its followers learn about hate groups in their states.
On this list of hate groups in Oklahoma are the Eagle Forum of Oklahoma, whose mission is to “enable conservative and pro-family men and women to participate in the process of self-government and public policy-making so that America will continue to be a land of individual liberty, with respect for the nuclear family, public and private virtue, and private enterprise.”
Moms for Liberty has also made the list of “haters,” as they are “dedicated to fighting for the survival of America by unifying, educating, and empowering parents to defend their parental rights at all levels of government.” Monsters!
Probably the most famous “hate” organization on the list is Turning Point USA, founded by the late Charlie Kirk, who dared to go on college campuses and debate students and spread the idea of open dialogue.
Yet now it seems the Center, in an effort to continue its fundraising, is manufacturing racism and hate by paying racist hate groups like the KKK, according to a recent grand jury indictment. The Center has come a long way from its origins of battling racism to supporting it.
James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at james.finck@swoknews.com. Thanks to the Southwest Ledger and the Lawton Constitution for sharing his column.
