The Fifth Column David French on the Supreme Court, Race, and the Miracle That Confirmed His Faith #555
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Apr 30, 2026 
David French, conservative columnist and constitutional lawyer, reflects on recent Supreme Court rulings and legal limits around free speech and gerrymandering. He discusses how polarized voting blurs race and politics, the role of disparate impact in investigations, and how adopting a Black daughter reshaped his view of American racism. He also shares a personal faith-affirming healing experience.
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Court's Unwavering Free Speech Posture
- The Supreme Court remains strongly protective of free speech, ruling 9-0 even for conservative groups like pro-life centers and the NRA.
- David French ties these wins to longstanding First Amendment precedents like NAACP v. Alabama protecting donor privacy from state demands.
When Partisanship Masks Racial Gerrymanders
- After the Court abandoned political gerrymandering review, racial gerrymandering claims became the primary route to challenge maps, creating near-indistinguishable politics-race overlap problems.
- French warns smart actors can cloak racial aims as partisan motives when voting heavily polarizes by race, making Section 2 harder to enforce.
Section 2 Survives But Standards Tighten
- The Calais decision didn't abolish Section 2 but raised the bar: courts will focus on explicit invidious racial intent rather than disparate outcomes alone.
- Alito framed Section 2 as targeting intentional racial discrimination, so correlated partisan effects may survive legal scrutiny absent confession of racism.