Conservatives who have cheered the Supreme Court's racial gerrymanderi
ng decisions have been misguided. These cases trample on conservative
notions of federalism by punishing the states for actions of the feder
al government. The Court has left untouched the federally imposed quot
a of majority minority districts, but has declared that when states se
t out to satisfy that quota, they presumptively act unconstitutionally
, because their actions are ''predominantly'' influenced by race. The
practical effect of the racial gerrymandering doctrine in many situati
ons is to expropriate from the states their constitutional authority t
o control their own systems of representation. The racial gerrymanderi
ng cases are equally inconsistent with conservative ideas on race poli
cy. The cases compel black and Hispanic politicians to have recourse t
o the federal executive and judicial branches in order to pursue their
representational goals, by severely restricting their opportunity to
compete on an equal basis with other groups in the politics of redistr
icting. A truly conservative Court would have limited or eliminated th
e federal quotas rather than imposing new and ill-conceived constituti
onal burdens on the states.