'Earthquake': Supreme Court limits Voting Rights Act in setback for Black Democrats, boost for GOP
Published in News & Features
WASHINGTON — The Supreme Court’s conservative majority on Wednesday sharply limited a part of the Voting Rights Act that has forced states to draw voting districts to help elect Black or Latino representatives to Congress as well as state and local boards.
In a 6-3 decision in Louisiana vs. Callais, the court ruled that creating these majority-minority districts may amount to racial discrimination that violates the 14th Amendment.
When weighing what the Voting Rights Act requires, “we start with the general rule that the Constitution almost never permits the federal government or a state to discriminate on the basis of race,” Justice Samuel A. Alito Jr. wrote for the court.
Alito said states may draw election districts for partisan advantage but may not use race as a basis for redistricting.
The ruling in a Louisiana case appears to clear the way for Republican-led states across the South to redraw their election maps and eliminate voting districts that favor Black or Latino candidates for Congress, state legislatures and county boards.
UCLA law professor Rick Hasen said, “It is hard to overstate what an earthquake this will be for American politics,” adding that the decision makes the Voting Rights Act a “much weaker, and potentially toothless law.”
Hasen said it’s unclear how the decision will affect the November election because in many states early voting has already started and primaries have already taken place.
But the ruling’s long-term consequences for minority representation in Congress, state legislatures and local government are almost “certainly” going to be felt in 2028, Hasen said.
Republican leaders in states across the South have already signaled they intend to move quickly to redraw congressional maps in the wake of the ruling.
Alabama Attorney General Steve Marshall said the state will “act as quickly as possible” to ensure its congressional maps “reflect the will of the people, not a racial quota system the Constitution forbids.” Marshall called the decision a recognition of how much the South has changed since the civil rights era.
“The court rightly acknowledged that the South has made extraordinary progress, and that laws designed for a different era do not reflect the present reality,” he said in a statement.
Florida was already in motion before the ruling came down. But Gov. Ron DeSantis celebrated the decision and said it was all the more reason for state lawmakers to redraw its congressional maps, in a manner that could give Republicans up to four more seats in Congress.
The proposed congressional maps, drawn by DeSantis’ office, were first unveiled to Fox News on Monday. On Wednesday, both chambers approved the maps, and readied them for DeSantis’ final approval.
In Mississippi, Gov. Tate Reeves had already called lawmakers into a special session at the end of May in anticipation of a court ruling on the Voting Rights Act. In a post on X, Reeves underscored the ideological underpinnings to the ruling’s potential implications.
“First Dobbs. Now Callais. Just Mississippi and Louisiana down here saving our country!” Reeves wrote.
At issue was how to ensure equal representation for Black and Latino citizens.
About one-third of Louisiana’s voters are Black, but the state seeks an election map that will elect white Republicans to five of its six seats in the House of Representatives.
Lower courts said that map violated the Voting Rights Act because it denied fair representation to Black residents.
The state had one Black-majority district, in New Orleans.
Two years ago, judges upheld the creation of a second Black-majority district that stretched from Shreveport to Baton Rouge on the grounds that it was required under the law.
The state’s Republican leaders appealed and argued that race was the motivating factor in drawing the second district.
Alito and the conservatives agreed and called that district an “unconstitutional racial gerrymander.”
The three liberals dissented. The consequences of the ruling “are likely to be far-reaching and grave,” said Justice Elena Kagan, adding that it will allow “racial vote dilution in its most classic form.”
She said the decision means “a state can, without legal consequence, systematically dilute minority citizens’ voting power. Of course, the majority does not announce today’s holding that way. Its opinion is understated, even antiseptic.”
But she said states across the South may draw electoral districts that deprive Black voters of equal representation. Justices Sonia Sotomayor and Ketanji Brown Jackson agreed.
The decision was the latest example of a partisan political dispute in which the court’s six Republican appointees vote in favor of the Republican state plan, while the three Democratic appointees dissent.
The ruling is likely to have its greatest impact in the Southern states, where white Republicans are in control and Black Democrats are in the minority.
The court’s divide over redistricting is similar to the long dispute over affirmative action.
For decades, university officials said they needed to consider the race of applicants to achieve diversity and equal representation.
But in 2023, the court by a 6-3 vote struck down college affirmative action policies at Harvard and the University of North Carolina and ruled race may not be used to judge applicants.
The historic Voting Rights Act of 1965 succeeded in clearing the way for Black citizens to register and vote across the South, but it took longer for Black candidates to win elections.
The dispute was highlighted in a 1980 case from Mobile, Ala. Its three commissioners were elected to six-year terms, and each of them ran countywide.
Even though one-third of the county’s voters were Black, white candidates always won.
The Supreme Court upheld this arrangement as legal and constitutional. In dissent, Justice Thurgood Marshall said Black residents were left with the right to cast meaningless ballots.
In response, Congress amended the Voting Rights Act in 1982 to say states must give minorities an opportunity to elect representatives of their choice.
Four years later, the Supreme Court interpreted that to mean that states had a duty to draw voting districts that would elect a Black or Latino candidate if these minorities had a sufficiently large number of voters in a particular area.
In recent years, the court’s conservatives, led by Justice Clarence Thomas, have chafed at the rule on the grounds it sometimes required states to use race as a factor for drawing election districts.
Alito’s opinion adopted that view and said states are not required or permitted to use race as a basis for drawing districts.
Hours after the ruling came out, President Trump met with reporters in the Oval Office and said he had not yet seen the decision. He was visibly excited, however, when a reporter explained the decision favored Republicans.
“I love it!” he said. “This is very good.”
Former President Obama said in a statement that the court’s decision “effectively guts a key pillar of the Voting Rights Act, freeing state legislatures to gerrymander legislative districts to systematically dilute and weaken the voting power of racial minorities — so long as they do it under the guise of ‘partisanship’ rather than explicit racial bias.”
The Mexican American Legal Defense and Educational Fund, in Los Angeles, also denounced the decision.
“The Supreme Court’s decision blesses racially discriminatory gerrymandering, and dismantles the legal protections for minority voters,” said Nina Perales, the group’s vice president for litigation. It “openly invites states to dilute minority voting strength, and undermines our democracy.”
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