Most people talking about Anthony Kennedy re-evaluating the principle of one-person-one-vote have covered how it will diminish Congressional representation from districts that have a lot of immigrants in them.
However, I don’t think that immigrants will be the thing we talk about in the years after Kennedy changes the rules, if he decides to do that. A lot of states take away the right to vote from anyone convicted of a felony. Many of those same states stand out, one could say, when it comes to treating black people fairly. The result is some Congressional districts, often but not exclusively in the South, where a whole lot of residents are black non-voters either in prison or recently released from it.
Will Justice Kennedy let former voters count as citizens? I would strongly hope so. I mean I hope that he puts the whole idea of changing the law to bed, but if he does go the other way then he really needs to at least include citizen non-voters. The alternative would give Republican states an even greater incentive than they already have to move as many black people through the prison system as they possibly can. Under new rules they could not only eliminate Democratic voters, but Democratic Congressmen and Congresswomen as well.
Just a little palate cleanser while we wait for the wreckage of King v. Burwell.