TUESDAY, JUNE 16, 2026
But also, subsection (b) of the Voting Rights Act: In fairness, American incoherence is just part of a much larger human story.
Here in America, one current snowstorm of incoherence got its start in 1982, when the United States Congress agreed, by overwhelming margins, to add some murky language to the 1965 Voting Rights Act.
At that time, the Congress added subsection (b) to Section 2 of that important piece of legislation.
Borrowing from the later Wittgenstein, had "language gone on holiday" in that addition to the Voting Rights Act? To a large extent, we're going to say that it pretty much had. You can peruse subsection (b) below
SECTION 2 OF THE VOTING RIGHTS ACT
42 U.S.C. § 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation.
a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of theright of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b
(f)(2) of this title, as provided in subsection (b) of this section.
(b) A violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.
To be clear, it was subsection (b) which was added in 1982, in part for reasons which Carl Hulse described last month in the New York Times.
Did language "go on holiday" in that new part of the Voting Rights Act? We're going to say that it did! Even today, forty-four years later, it's virtually impossible to untangle the balls of confusion which have come into being in the wake of the vacation taken by clear, concise language within that jumble of words.
Somewhat oddly, there's one declaration in subsection (b) which seems to be fairly straightforward. It comes at the very end of this addition to the original VRA:
[N]othing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.
Paraphrasing slightly, this new subsection said that members of a protected class are not guaranteed "proportional representation" in (for example) the House of Representatives. You may think that was a lousy provision but, in fairly straightforward language, that's what this new subsection said.
You may think that's a lousy provision but there it sits, in fairly straightforward language, right there in the VRA. Oddly, the recent Supreme Court cases which have generated anger and controversy seem to involve claims by plaintiffs who were demanding proportional representation under terms of the Voting Rights Act.
The Act doesn't guarantee such representation. To appearances, plaintiffs seemed to be seeking it all the same
Proportional representation might seem to be fair. In principle, it would seem that it plainly would be fair," whatever objections might arise with respect to some such legal requirements. That said, subsection (b) seems to say that there is no right to some such outcome on the part of the "protected classes" under consideration.
If no such outcome is guaranteed, is the active pursuit of some such outcome constitutionally permissible? It seems that's a question the Court was batting around in its recent decisions.
At any rate, a ball of confusion was set into motion when Congress passed that new subsection. According to Hulse's account, the Republican Party supported that new subsection for a grimly political reason:
According to Hulse's account in the New York Times, the GOP wanted to cram Black voters into majority Black districts in the hope that this would help them win congressional seats in adjacent districts. According to Hulse, this was part of the GOP's attempt to win control of the solid South, a region which was slowly moving from solidly D to solidly R at the time in question.
That last part of subsection (b) seems to be reasonably straightforward. Did language go on holiday in other parts of that new subsection? Also, has language been on holiday in the decades of legal and journalistic writing which have followed the creation of that subsection?
We're inclined to say that the answer is yes—that an era of American incoherence has been added to the much longer story of human incoherence.
It's sad but plainly it's true. As a species, we the humans simply aren't built for this kind of analysis. That said, we'll continue to try to show you what we mean when we say that "language has gone on holiday" with respect to subsection (b) of the Voting Rights Act.
Meanwhile, a larger chasm in understanding opened up yesterday, first on The Five, then five hours later on Gutfeld! Believe it or not, this was one of Greg Gutfeld's handful of opening jokes on his eponymous "cable news" program:
GUTFELD (6/15/26): At Sunday night's Freedom 250, fighter Josh Hokit ended his post-fight speech by yelling, "Michelle Obama is a man!"
AUDIENCE: Applause
GUTFELD [scolding audience]: Terrible! Ohhhhh! Don't clap! Don't clap!
GUTFELD: Barack Obama angrily responded, "Leave him out of it!"
AUDIENCE: Laughter
GUTFELD [feigning bewilderment]: I must have misread that.
He delivered the joke at 10:01. While hiding behind several beards, the little guy pretended that the former president had referred to his wife as "him."
You can see the angry fellow perform this function simply by clicking here. It's as we've told you again and again: "Michelle is a man" and "Barack is gay" are two of this angry nut-ball's favorite themes.
He pushes a large assortment of such themes at his large Red American audience. He's paid $9 million by the corporation to perform this messaging function.
It's as we've told you again and again. Until he's told to stop by his corporate owners, this little guy isn't going to quit. And whatever you may think about the current state of the nation, therein lies a major societal problem.
Earlier yesterday, on The Five, Jessica Tarlov had explicitly raised a perfectly sensible question. Specifically addressing Gutfeld himself, this is what she said:
“Why can’t you just say that the guy should never have said that Michelle Obama is a man?"
Why can't you simply say it, she asked. It was a perfectly obvious question.
Gutfeld followed with an angry, multifaceted response in which he histrionically defended his refusal to reject Hokit's insulting remark. After that, Emily Compagno offered one of her hopelessly garbed orations in which she too seemed to refuse to say that Hokit shouldn't have said it.
Discussions of the Voting Rights Act come from the higher end of American public discourse. The intellectual squalor frequently driving the Fox News Channel comes from a whole different realm.
That said, even on its higher end, our public discourse is so unskilled that there is no real chance that anyone could ever untangle the endless confusions surrounding the recent Supreme Court decisions about the Voting Rights Act.
Meanwhile, the tribal anger of players like Gutfeld and the Compagno reflect a silent secession from the existing American project. Whatever you think of some such secession, a secession like that can't be easily brokered, especially when our major mainstream Blue American orgs refuse to report or discuss the fact of this rebellion.
Over at Mediaite, Sarah Rumpf has reported what Gutfeld said on The Five, with videotape included. Rumph has thereby provided a valuable service.
True to the rules which seem to obtain at that site, no one at Mediaite has reported what Gutfed did, five hours later, on his eponymous primetime show. Also, Rumpf failed to record the garbled non-discussion discussion from the perpetually garbled Compagno. What if they staged a civil war and the press corps refused to come?
We'll continue to discuss each of these rolling events, the sacred and the profane. For the record, we humans aren't built for this line of work, and that isn't going to change.