Supreme Court unfreezes Louisiana redistricting case that could boost Black voting power before 2024
The Supreme Court on Monday lifted its hold on a Louisiana political remap case, increasing the likelihood that the Republican-dominated state will have to redraw boundary lines to create a second mostly Black congressional district. For more than a year, there has been a legal battle over the GOP-drawn political boundaries, with a federal judge, Democratic Gov. John Bel Edwards and opponents saying that the map is unfair and discriminates against Black voters. The map, which was used in Louisiana’s November congressional election, has white majorities in five of six districts, all currently held by Republicans. This is despite Black people accounting for one-third of the state’s population. Another mostly Black district could deliver another congressional seat to Democrats. “I’m super excited,” said Ashley Shelton, head of the Louisiana-based Power Coalition for Equity and Justice, one of the groups challenging the maps. “What this does is it puts us back on track to realize a second majority-minority district.” In a written statement, the Louisiana Legislative Black Caucus said, while work still needs to be done, it is “very confident” the state will have two majority-Black districts by the 2024 congressional election. “As I have consistently stated, this is about simple math, basic fairness, and the rule of law,” Edwards said Monday. “I am confident we will have a fair map in the near future.” Every 10 years, state lawmakers — armed with new U.S. Census Bureau information — redraw political boundaries for seats in the U.S. House, state Senate, state House, Board of Elementary and Secondary Education and the Public Service Commission. The process ultimately affects which political parties, viewpoints and people control the government bodies that write laws, set utility rates and create public school policies. The Louisiana case had been on hold pending the decision in a redistricting case involving Alabama. Monday’s order follows the court’s rejection earlier in June of a congressional redistricting map in Alabama. In both states, Black voters are a majority in just one congressional district. Lower courts had ruled that the maps raised concerns that Black voting power had been diluted, in violation of the landmark federal Voting Rights Act. The justices had allowed the state’s challenged map to be used in last year’s elections while they considered the Alabama case. In Louisiana, U.S. District Judge Shelly Dick struck down the map in June 2022 for violating the Voting Rights Act, saying “evidence of Louisiana’s long and ongoing history of voting-related discrimination weighs heavily in favor of Plaintiffs.” Dick ordered lawmakers to hold a special session to redesign the map and include a second majority-Black district. However, lawmakers failed to meet their deadline and, as a result, Dick said she would enact a map of her choosing. The Louisiana case had been appealed to the 5th U.S. Circuit Court of Appeals in New Orleans when the high court put the issue on hold. The justices said the appeal could go forward before next year’s congressional elections. U.S. Rep. Troy Carter, Louisiana’s only Democratic and Black congressman, applauded the Supreme Court for lifting its hold. “This decision shows that in a healthy democracy fair and equitable representation matters, whether to the people of Louisiana or anywhere else in the world,” Carter tweeted. The redistricting process in Louisiana proved to be a political tug-of-war, with the Republican-dominated Legislature and Democrats, including Edwards, fighting over the boundaries since February 2022. Along with the legal battle, the debate over the map included Edwards vetoing the boundaries and the Legislature overriding his veto — the first time in nearly three decades that lawmakers refused to accept a governor’s refusal of a bill they had passed. Republicans have stood by their statements that the map is fair, and argue that trying to include the state’s widely dispersed Black population in two separate congressional districts would result in two districts with very narrow Black majorities that could actually diminish Black voting power. Republished with the permission of The Associated Press.
Supreme Court voting rights ruling stuns minority voters, who hope it expands their representation
This week’s Supreme Court decision ordering Alabama to redraw its congressional districts was seen by many minority lawmakers and voting rights activists as a stunning victory with the potential to become a major stepping stone for undoing political maps that dilute the strength of communities of color. Hank Sanders, a former Alabama state lawmaker who has long been politically active in the state, knew there would be a decision since the court heard arguments in the case last fall. He was not anticipating being happy with the outcome, given that previous rulings of the conservative-leaning court had essentially gutted some of its most important provisions. “I was afraid they were going to go ahead and wipe out section 2,” he said, referring to the part of the Voting Rights Act at stake in the Alabama case. He was at his law office Thursday in Selma, scene of one of the most pivotal moments in the Civil Rights Movement, when news of the 5-4 ruling in favor of Alabama’s Black voters was announced. “It was a surprise that was good for my day,” he said. How the decision will affect similar lawsuits against political maps drawn in other states is unclear, although voting rights groups say the ruling provides firm guidance for lower courts to follow. The court majority found that Alabama concentrated Black voters in one district, while spreading them out among the others to make it much more difficult to elect more than one candidate of their choice. Alabama’s Black population is large enough and geographically compact enough to create a second district, the judges found. Just one of its seven congressional districts is majority Black, in a state where more than one in four residents is Black. Similar maps have been drawn in other states, primarily by Republican-controlled legislatures. Kareem Crayton, the Brennan Center’s senior director for voting and representation, called the court’s decision “a welcome surprise” and said challenges to the maps in Louisiana and Georgia were the most similar to the Alabama case. While it was considering the Alabama case, the Supreme Court had placed a hold on a lower court ruling in Louisiana allowing creation of a second majority-Black district. That’s now likely to be lifted. A federal judge last year also ruled that some of Georgia’s U.S. House and state legislative districts likely violated the Voting Rights Act, but he had allowed the districts to be used in the 2022 elections because it was too close to the election to redraw them. Maps in all three states could have to be redrawn for the 2024 elections. Louisiana Gov. John Bel Edwards, a Democrat, said in a statement that the court’s action reaffirmed his own belief that Louisiana’s map, which was drawn by the Republican-controlled Legislature, violated the law. “As I said when I vetoed it, Louisiana’s current congressional map violates the Voting Rights Act,” he said. “Louisiana’s voting population is one-third Black. We know that in compliance with the principles of the Voting Rights Act, Louisiana can have a congressional map where two of our six districts are majority Black.” Rep. Troy Carter, a Black Democrat representing Louisiana’s lone district that is majority Black, said the Legislature should immediately convene to draw a second majority-minority district. “This Supreme Court ruling is a win not just for Alabamians but for Louisianans as well,” Carter said in an emailed statement. “Rarely do we get a second chance to get things right — now Louisiana can.” In Georgia, Bishop Reginald Jackson, a plaintiff in one of the lawsuits challenging the state’s congressional map, said he was ecstatic when he heard the news about the ruling and hopes it will boost their case. He said he became involved in the lawsuit amid concerns that the state’s Black population had increased while the number of Black congressional representatives had decreased with the last round of redistricting. “So how could you have less Black representation when you have more Blacks moving into the state than before?” said Jackson, who presides over 534 African Methodist Episcopal churches in Georgia with over 90,000 parishioners The Alabama case, along with pending lawsuits in Georgia and Louisiana, means Black voters will likely have an opportunity to elect candidates in three additional districts, said Marina Jenkins, executive director of the National Redistricting Foundation, one of the organizations that has spearheaded voting rights challenges in the states. She said litigation in Texas by other plaintiff groups could mean additional seats there where minority voters “have the opportunity to elect candidates of their choice that don’t exist now.” Texas state Rep. Victoria Neave Criado, a Democrat who chairs the Mexican American Legislative Caucus, said the case was a “major win for voting rights.” She said following recent decisions by the current court in other areas she considers fundamental, such as last year’s overturning of the constitutional right to abortion, she was concerned about the direction the justices would take with voting rights and was relieved to see Thursday’s outcome. “As we are seeing the Latino community rise in many ways, we want to ensure that Latino power is translated into Latino political power,” Neave Criado said. Latinos and whites share an equal proportion of the Texas population, about 40% each, according to 2022 Census figures. Nina Perales, vice-president of litigation with the Mexican American Legal Defense and Educational Fund, said the ruling closes the door on Texas using arguments similar to those made by Alabama as the cases there go forward. Perales leads the litigation for a similar case out of Texas, which is based on the redistricting maps created in 2021. In addition to the Voting Rights Act challenge to Texas’ congressional districts, similar section 2 claims have been brought against numerous voting districts used for state legislatures and local governments around the country. Attorney Mark Gaber argued a case this week alleging Washington’s state legislative districts diluted the voting strength of Hispanic residents and will be arguing a similar case next week involving Native Americans and North Dakota’s state legislative districts. He thinks Thursday’s ruling will strengthen the case. In Alabama, the question
