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In Alabama, the Roberts Court Hands Republicans Yet Another Shocking Gerrymandering Win
For the second time in three weeks, the Roberts Court on Tuesday night green-lit an Alabama congressional map that a lower court has repeatedly found intentionally discriminates against Black voters. The ruling is another stark example of how far the Supreme Court’s Republican-appointed majority will go to give their party additional seats in Congress and erase Black representation in the South.
Black voters comprise 27 percent of Alabama’s population, but, under a map put in place by Alabama Republicans after the justices’ Louisiana v. Callais decision that destroyed the Voting Rights Act, can expect to elect their candidate of choice in just one of the state’s seven congressional districts. Last week, after the Supreme Court told it to reexamine the case in light of Callais, a three-judge federal court panel with two Trump appointees blocked that map for November finding that the legislature’s refusal to draw a second majority-Black district despite a previous court order showed evidence of intentional discrimination against Black voters. “Ultimately, we cannot see our way clear to requiring Alabamians to cast their votes in the 2026 elections under a districting plan tainted by intentional race-based discrimination,” the judges wrote in a unanimous opinion.
The ruling is a stark example of how far the court’s Republican-appointed majority will go to give their party additional seats in Congress and erase Black representation.
But the Roberts Court overturned that ruling in a truly radical four-page unsigned opinion released late Tuesday night. The court’s conservative majority claimed that the lower court “did not heed the presumption of legislative good faith,” a standard it essentially made up two years ago to insulate GOP gerrymanders from racial gerrymandering claims. In fact, the lower court found that the Alabama legislature had clearly acted in bad faith by deliberating evading court orders to create a second majority-Black district.
The majority opinion also said the lower court had failed to follow the new standards it laid out in Callais for evaluating Voting Rights Act violations. “When Section 2 of the Act is properly interpreted, it imposes liability only when circumstances give rise to a strong inference that intentional discrimination occurred,” the court wrote in Callais. But such a finding of intentional discrimination is exactly what the lower court based its latest opinion on, determining that unconstitutional vote dilution had occurred in violation of the VRA and the Fourteenth Amendment, which the Callais decision didn’t even address.
Finally, the Roberts Court claimed that “the District Court interposed itself into Alabama’s ongoing efforts to conduct its imminent 2026 congressional elections,” even though it was the Supreme Court that reinstated Alabama’s map one week before the primaries, leading to widespread confusion and votes cast during early voting being tossed. “While federal courts should not impose changes close to an election, States are free to decide for themselves whether last-minute changes to an election are in their best interests,” the Supreme Court ruled. That rule will allow states to issue last-minute election changes that disenfranchise voters but leave federal courts powerless to stop them.
“In addition to being wrong on the merits, the Court’s decision inflicts two grave harms on the public,” Justice Sonia Sotomayor wrote in a dissenting opinion. “It debases the democratic process by upending Alabama’s entire election in the name of permitting Alabama to discriminate against Black Alabamians. It also corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”
In the short term, the court’s conservative majority has gifted another seat to Republicans in the battle over control of the US House. But this case is bigger than just Alabama. Tuesday’s ruling provides even more evidence of how the Roberts Court has put their thumb on the scale of the midterms in unprecedented ways to benefit the GOP.
First, they issued the Callais opinion in late April—rather than June, as is customary for major rulings—to give Republican-controlled states just enough time to redraw their maps to take away Democratic seats. That allowed Southern states including Tennessee, Alabama, and Louisiana to pass new maps with alarming speed eliminating their Black representation in Congress.
Second, despite repeatedly claiming in the past that federal courts should not intervene in voting-related disputes in the middle of an election season, in Callais the court’s Republican appointees struck down the creation of a second-majority Black district in Louisiana just three weeks before the state’s primary, while mail voting was underway and 45,000 voters had already cast ballots. And instead of waiting the standard month to certify its decision, the court put Callais into effect immediately, allowing Republican Gov. Jeff Landry to suspend the state’s House primaries to give the legislature time to eliminate one of two majority-Black districts.
Third, just days after the court intervened on behalf of Louisiana Republicans, the conservative justices allowed Alabama to put in place a new Congressional map—the same map they again waved through Tuesday—eliminating one of the state’s majority-Black districts just one week before the primary, after mail voting had already begun.
On Tuesday, the court once again used its shadow docket to side with Alabama Republicans, overruling last week’s extensive lower court opinion with little explanation to hand the GOP another seat in November. With its repeated eleventh-hour interventions in favor of the Republican Party, the Roberts Court has weaponized its rulings to manufacture its preferred political outcomes, removing any doubt about how partisan it has become.
The latest Alabama ruling is stunning both in its timing, but also for its flagrant disregard of everything the court claimed it held in Callais. As my colleague Pema Levy and I have written, the court said in Callais that it was not overturning the 2023 Allen v. Milligan decision that led to the creation of a second majority-Black decision in Alabama. But it has effectively done just that on the shadow docket.
Similarly, the court ruled in Callais that districts can only be challenged under the Voting Rights Act if there is evidence of intentional discrimination by those passing the map—a nearly impossible standard. But the federal court panel in Alabama reexamined the case after Callais and found that evidence of intentional discrimination still dominated. “We do not lightly intrude in state affairs, but our previous review of the undisputed evidence left us in no doubt that Alabama’s legislatively enacted plan (the ‘2023 Plan’) intentionally discriminated based on race in violation of the Constitution,” the three-judge panel wrote. “Our re-examination in light of Callais yields the same conclusion.”
As we wrote last week, the three-judge panel took Callais at its word. But on Tuesday, the Supreme Court swept aside the lower court ruling without even grappling with those judges’ extensive findings, going even further than Callais to essentially suggest that that no amount of smoking gun evidence of racial discrimination will ever lead the court to strike down a map that benefits Republicans.
“The Supreme Court’s decision gives cover to Alabama and others to deliberately and openly discriminate against Black voters without fear of any consequence,” said Deuel Ross, Director of Litigation at the NAACP Legal Defense Fund.
Chief Justice John Roberts may claim with a straight face that the justices are not “political actors,” but based on its actions over the past month alone, it’s difficult to escape the conclusion that the Roberts Court wants to do everything in its power to create a world in which there will be no Black House members from the South and where Democrats have no chance to retake control of Congress. Their end goal appears to be permanent white Republican minority rule.
As Sotomayor wrote, “After today, it is hard to call Alabama’s cynical gambit anything other than a success, and the Court’s rewarding of Alabama’s behavior anything other than a blow to the rule of law.”
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Trump Congratulated Him on His Freedom. Alligator Alcatraz Left Him With a Stroke.
On a recent Wednesday at 11 p.m., Arianne Betancourt’s phone rang. It was her father, Justo Betancourt, who had spent much of the last six months at the notorious Alligator Alcatraz immigration detention facility in Florida. ICE had just transferred him to Krome, a different facility in Miami, and with little warning, he was being released in the middle of the night. Still in her pajamas, Arianne asked a friend to take her. “I was too nervous to drive myself,” she told me a few days later.
Their reunion at Krome included no hugs or warm greetings. Once 55-year-old Betancourt got in the car, guards ordered them to leave immediately. Under the fluorescent lights of a nearby gas station, the father and daughter finally embraced for the first time. Arianne noticed “the toll that that place took on my dad.” He had lost about 50 pounds. His wrists and ankles were bruised from the shackles he wore during his detention, and his speech seemed slurred.
“Welcome home to Justo Betancourt, whose Daughter, Arianne, fought very hard to free her father from Alligator Alcatraz. Enjoy your Freedom together!!!”
They headed to his son’s house in Miami, where the family gathered and stayed up most of the night. Betancourt drank Cuban coffee for the first time since his arrest and saw his 15-month-old granddaughter, who could now walk, toddling around the living room.
By the weekend, Arianne noticed her father’s speech had worsened. She drove him to a nearby emergency room, where he was admitted, and doctors confirmed he had suffered a stroke while in detention. Justo, who is diabetic, had not received the proper amount of insulin he needed at Alligator Alcatraz, Arianne told me, and he will need speech and physical therapy to recover. His medical condition, however, is only part of the effects of his ordeal. “What Mr. Betancourt has experienced shows that folks who are caught up in this cruel deportation machine are suffering, and that their suffering doesn’t end upon release,” said Miriam Haskell, a senior attorney with the Community Justice Project, a legal nonprofit in Miami. She represented Betancourt pro bono and filed the Habeas Corpus petition that resulted in his release. “People have endured great hardships, and getting out doesn’t solve all of the problems.”
An unexpected expression of support for Betancourt’s release came from President Donald Trump, whose draconian immigration policies were responsible for his incarceration in the first place. On a Sunday night Truth Social post, the president wrote, without any apparent irony: “Welcome home to Justo Betancourt, whose Daughter, Arianne, fought very hard to free her father from Alligator Alcatraz. Enjoy your Freedom together!!!”
Arianne Betancourt at a Sunday vigil in front of Alligator Alcatraz.Jose Mejia/Owl Media Justo Betancourt at a Sunday vigil in front of Alligator Alcatraz.Jose Mejia/Owl MediaFlorida Gov. Ron DeSantis and his administration erected the makeshift detention camp in the Everglades last summer when the Department of Homeland Security needed more beds to house immigrants pending their deportations. Over the last year, the center has come under fire for its living conditions, its environmental impact on the Everglades, and its location on sacred tribal land. Nearly 22,000 people have been detained there despite reports of mosquito infestations, flooding, poor medical care, and lackluster food. The venture has also been costly, requiring more than $1 million a day to run the facility.
Recently, reports circulated that Alligator Alcatraz will be closing soon. Federal and state officials haven’t announced any official plans. Still, signs of an imminent closure are emerging. Florida Rep. Maxwell Frost, a Democrat from Orlando, learned during a visit to the center on May 27 that only 655 people remained there, half the population reported earlier this year. Contractors were also told that operations would be winding down in early June, the New York Times reported.
“There’s a lot of uncertainty and lack of information and transparency here,” said Carmen Iguina Gonzalez, Deputy Director for Immigration Detention at the ACLU. “That makes a lot of people nervous because they have no certainty as to what is going to happen to them.”
Last week, I asked the Florida Division of Emergency Management, the state agency that manages Alligator Alcatraz, when the facility was closing and how many people were currently being detained. A spokesperson referred me to DeSantis’s May 13 remarks during a press conference, in which the governor said that the responsibility for sending immigrants to Alligator Alcatraz rested with DHS. “I have not gotten any official word that they’re not going to be sending illegal aliens there,” DeSantis continued. When I reached out to the Department of Homeland Security for more information, a spokesperson replied in an email, “Daily operations at Alligator Alcatraz continue as usual.”
a Sunday vigil in front of Alligator Alcatraz.Jose Mejia/Owl MediaI wrote about Arianne and her father back in March, when I first learned about his story. Justo Betancourt came to the US from Cuba more than 35 years ago, and had an order of removal following his release from prison in 2020 after serving time for drug-related charges. Betancourt reported to his check-ins with immigration and was issued a work permit, court filings state. He was arrested in Miami during a routine immigration check-in appointment in October and was taken to Alligator Alcatraz. In January, he was transferred to a Texas detention center and then forced to present himself for deportation to Mexican authorities at the border. But due to his health problems, including diabetes, Mexican officials turned him away. ICE transferred him back to Alligator Alcatraz, court filings state.
Since her father was detained, Arianne has become a firebrand within the immigrant rights movement. As I wrote in March:
Before her father’s arrest, Betancourt, a 33-year-old Miami native, spent her days guiding tourists through the city’s most iconic sites like Little Havana and South Beach. Now, she is holding a microphone and a bright orange sign that reads, “Give Justo Betancourt the right to due process.” She peered across the crowd of about 100. When she came to the weekly vigil for the first time, Betancourt told them she was “absolutely broken.” She then added, “Week after week, I’ve come here, and I’ve felt stronger. I feel love, I feel empathy, compassion from absolute strangers.”
Her activism began at the weekend vigils held outside the detention camp’s gates. She protested in Minneapolis and Chicago and shared her family’s story with local and national news outlets. In March, she attended then US Department of Homeland Security Secretary Kristi Noem’s testimony at a Senate oversight hearing. Her advocacy led to a career change; she quit her job as a Miami tour guide and was hired as an organizer for the Workers Circle, a Jewish social-justice organization that has taken the lead in coordinating the Alligator Alcatraz gatherings. Most recently, she contributed to the launch of a new pro bono legal program for Alligator Alcatraz detainees.
I spoke to Justo for the first time this week. He was out of the hospital and living with Arianne. Despite his slurred speech, he sounded upbeat. While thrilled to be with his family, he is worried about the friends he left behind. He described the frozen bologna and cheese sandwiches eaten during 15-minute meal breaks, the mosquito and spider infestations that left detainees covered in bites, and the anxiety of waiting hours to make one phone call to Arianne and his two other children. He witnessed fights break out, and people trying to take their lives. “We were 32 people in one cage,” he recalled.
For months, he said, he went without insulin. He spent much of his time at the medical unit shackled to a bed and escorted to the restroom by guards. “Alligator Alcatraz has scarred me like nothing else in my life. It broke me mentally and emotionally,” he added. “Some people may say I’m exaggerating…but I lived through those moments.”
On Sunday, Justo joined Arianne at the vigil outside Alligator Alcatraz, where week after week, she showed up to advocate for him. They held hands and faced the detention camp that had separated them for more than six months.
“Nobody deserves what’s happened to them and what’s continuing to happen inside of Alligator Alcatraz,” Arianne said. “And if the government and DeSantis can be proud of having an operation like that, then I should be proud of all of my efforts to get it shut down.”
Six States Are Suing the Trump Administration Over Its Deal to Kill an Offshore Wind Project
This story was originally published by the Guardian and is reproduced here as part of the Climate Desk collaboration.
Six states sued the Trump administration on Tuesday over its decision to cancel a major offshore wind lease off the coast of New York.
In March, federal officials announced they would pay nearly $1 billion in taxpayer dollars to French energy firm TotalEnergies in exchange for the company killing plans to erect two offshore windfarms off New York and North Carolina. TotalEnergies agreed to terminate the projects and pledged not to develop any new offshore wind projects in the United States, while investing hundreds of millions of dollars in oil and gas projects.
The deal was unlawful, says the lawsuit, led by Letitia James, New York’s attorney general. “The Trump administration is once again trying to kill clean energy projects and destroy good-paying jobs for New Yorkers,” she said in a statement to the Guardian.
The administration’s agreement with TotalEnergies came after federal judges repeatedly struck down the president’s executive orders and stop-work directives which aimed to halt offshore wind development, ruling them unlawful and arbitrary.
“After repeatedly losing in court, this administration cooked up a sham deal to pay a foreign energy company hundreds of millions of taxpayer dollars to abandon offshore wind and invest in oil and gas instead,” said James. “We are fighting back to stop this illegal agreement that threatens to erase over a thousand union jobs and cheat millions of New Yorkers out of clean, affordable energy.”
In the lawsuit, James and the attorneys general of Connecticut, Maine, Massachusetts, New Jersey, Rhode Island, and Vermont assert that the deal violated the Outer Continental Shelf Lands Act, which restricts the Interior department’s ability to cancel offshore wind leases. It also breaches the Judgment Fund Act—which regulates appropriations used to pay court judgments, awards, and compromise settlements—they said, among other allegations.
The plaintiffs are asking a court to strike down agreement, halt the lease cancellation and prevent Donald Trump officials from taking further steps to implement the deal.
In March, Doug Burgum, the Secretary of the Interior, hailed the deal as “another win for President Trump’s commitment to affordable and reliable energy for all Americans.” Burgum added that offshore wind is “expensive, unreliable, environmentally disruptive, and subsidy-dependent” and had been forced on US taxpayers.
Green groups defended the worth of offshore wind. Sam Salustro, a senior vice-president of pro-offshore wind group Oceantic Network, said: “Paying to remove affordable, homegrown energy out of the equation leaves American consumers struggling to pay their electricity bills.”
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The Revolutionary Roots That Inspired Tupac Shakur
It’s impossible to overstate rapper Tupac Shakur’s influence on music and culture in the 1990s. One of the era’s bestselling musical artists, Tupac helped define West Coast hip-hop through vulnerable, introspective lyrics and Black power politics. His death in 1996 at just 25 years old sparked conspiracy theories for decades and left his fans wondering what might’ve been.
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By his own admission, sports writer Jeff Pearlman is not the rapper’s likeliest biographer. Pearlman typically profiles athletes like Barry Bonds or Brett Favre. But as he waited for what he called “the big, fat biography” of Tupac, his impatience and long-standing fascination with the rapper got the best of him. So he set out to write it himself.
“Tupac Shakur…was profoundly smart and in many ways incredibly enlightened, and there’s no reason he shouldn’t have his 12th Academy Award now,” Pearlman tells More To The Story host Al Letson, adding that both Tupac’s music and movies still resonate because they were a compelling combination of hip-hop and Black Panther.
On this week’s episode, Pearlman talks about his book Only God Can Judge Me: The Many Lives of Tupac Shakur; discusses how Tupac’s Black Panther mother, Afeni Shakur, shaped her son; and examines the nuance and mystery surrounding Tupac’s life and death almost 30 years later.
Find More To The Story on Apple Podcasts, Spotify, iHeartRadio, Pandora, or your favorite podcast app, and don’t forget to subscribe.