So, as I reflect on the Supreme Court's recent rulings — to gut Section 2 of the Voting Rights Act and to allow Louisiana and Alabama to enact new maps targeting Black voters on an expedited schedule — I struggle to balance them with the hope we must maintain if we are to defeat the current threats to our democracy.
At its core, Trumpism is a nihilistic movement. It does not merely oppose democracy — it tries to extinguish the belief that democracy is worth defending.
Donald Trump wants to destroy hope because a hopeless citizenry does not show up, does not litigate, and does not vote. A people who believe nothing can change will not try to change anything.
That is why it is critical that those of us in the pro-democracy movement continue to have hope. We have seen that elections can diminish Trump's power and even remove him from office. We saw in Minnesota how protests can affect government policy and how our elected officials act.
Signs of hope are present in the courts as well. Scores of Trump's executive orders and policies have been blocked, many more modified. We have blocked his efforts to gain access to sensitive voting data and Republican efforts to restrict voter registration.
Inevitably, discussions of the hopelessness of the courts come down to just one — the Supreme Court. Which brings me back to why it is early in the morning and I am still trying to write about the three-year anniversary of the Milligan decision.
That case created two Black-opportunity districts in Alabama for the first time in our nation's history. The result was that for two years, at least, Black Alabamians had the full representation they deserve. Those two members of Congress serve today, offering a small window into what representative democracy looks like.
Though that is set to revert to a single district as a result of the Supreme Court's most recent decision, the benefits of this two-year period should neither be diminished nor ignored. Above all, the Milligan case — and the brief period that followed — are an example of what we can aspire to, dare I say hope to, achieve again.
The Court's recent reversal has also sharpened the urgency of advancing voting rights legislation the next time Democrats hold power. That opportunity, when it comes, must be seized with far greater boldness than we have seen before.
Finally, the Milligan case still stands as proof of what is possible before a hostile Supreme Court. It is not a case from a different era or a different court composition. It was a hard-fought victory before this conservative court.
Three years later, it remains a beacon of hope for every plaintiff and lawyer seeking redress in court. It shows that despite the odds, we can still win big victories even in the most hostile judicial settings.
I know that this will leave many of you unsatisfied. To be honest, it still leaves me heartbroken.
But heartbroken is different from hopeless. For that, I celebrate Milligan and the other cases like it that help keep hope alive.