Democrats have long used the Voting Rights Act to force states to create racially gerrymandered districts to guarantee Democrats win House seats even in conservative states. However, a recent decision from the U.S. Supreme Court has struck down a map creating a majority black district in Louisiana that zig-zags across much of the state. SCOTUS Blog gives the background:
The decision was the latest, and presumably final, chapter in a long-running dispute arising from Louisiana’s efforts to adopt a new congressional map in the wake of the 2020 census. The first map that the state adopted, in 2022, had one majority-Black district out of the six allotted to the state. A group of Black voters – who comprise roughly one-third of the state’s population – went to federal court, where they alleged that the map violated Section 2 of the VRA, which prohibits discrimination in voting.
A federal judge agreed that the 2022 map likely violated Section 2, and the U.S. Court of Appeals for the 5th Circuit upheld that ruling. It instructed Louisiana to draw a new map by January 2024 or risk having the court adopt one for it.
The map that Louisiana drew in 2024 created a second majority-Black district, leading to the election in November of that year of Cleo Fields, a former member of Congress who had represented another majority-Black district during the 1990s.
The map also prompted the lawsuit leading to Wednesday’s opinion. It was filed by a group of “non-African American” voters who contended that the 2024 map violated the Constitution’s equal protection clause by sorting voters based on race. A three-judge federal district court agreed with them and barred the state from using the 2024 map in future elections, but a divided Supreme Court temporarily paused that ruling in May 2024.
The Court ordered the parties to submit new briefing to address "whether 'the State’s intentional creation of a second majority-minority congressional district violates' either the 14th Amendment or the 15th Amendment, which bars the government from denying or restricting voting rights based on race," and set a second hearing date.
The Supreme Court on Wednesday, in the case of Louisiana v. Callais, struck down a Louisiana congressional map that a group of voters who describe themselves as “non-African American” had challenged as the product of unconstitutional racial gerrymandering. By a vote of 6-3, the justices left in place a ruling by a federal court that barred the state from using the map, which had created a second majority-Black district, in future elections.
Notwithstanding the lamentations of the Democrats, the Voting Rights Act does not trump the Constitution. As a consequence of the decision, the Louisiana congressional primaries have been suspended pending, presumably, drawing up a new Congressional redistricting map. The consequence of this action is that Republicans will pick up an additional House seat this fall.
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