Justice Kagan Writes in Dissent That the VRA ‘Was Born of the Literal Blood of Union Soldiers’

When the Supreme Court ruled 6-3 that Louisiana's race-based gerrymandering was not protected under the Constitution by the Voting Rights Act, Sen. Raphael Warnock posted that the Supreme Court had "gutted the protections that Dr. King marched for" as well as "the protections made possible by civil rights protestors who spilled blood in pursuit of a more perfect union." On Saturday, The Washington Posted a piece on how the ruling fueled fear from civil rights leaders "that history will repeat itself and reverse years of gains." Ill-gotten gains by drawing ridiculous congressional district maps based on race, maybe.

The Supreme Court’s ruling to limit a key part of the Voting Rights Act adds a new bend to the winding history of Black representation in Congress, fueling fear from civil rights leaders that history will repeat itself and reverse years of gains. https://t.co/eWPXDEVLvZ
— The Washington Post (@washingtonpost) May 2, 2026

1. Can a white person be effectively represented by a black congressman?

2. Can a black person be effectively represented by a white congressman?

If your answer to either of these questions is "no" then you are the racist.

If your answer is "yes" then your article has no point
— Domestic Extremist (@RussianMeddler) May 2, 2026

We'd thought Warnock had gone over the top with his remark about spilled blood, but apparently, in her dissent, Justice Elena Kagan had written that the Voting Rights Act "was born of the literal blood of Union soldiers."

The Voting Rights Act “was born of the literal blood of Union soldiers and civil rights marchers,” Justice Elena Kagan wrote in her dissent. “Only [the American people] have the right to say it is no longer needed—not the members of this Court.” https://t.co/tRYOx0z2t3
— The New Republic (@newrepublic) May 1, 2026

Matt Ford writes for The New Republic:

Something noble and dignified has also been lost. The Voting Rights Act “was born of the literal blood of Union soldiers and civil rights marchers,” Justice Elena Kagan wrote in her dissent. “It ushered in awe-inspiring change, bringing this Nation closer to fulfilling the ideals of democracy and racial equality. And it has been repeatedly, and overwhelmingly, reauthorized by the people’s representatives in Congress. Only they have the right to say it is no longer needed—not the members of this Court.”