Supreme Court Rules Against Racial Gerrymandering in Redistricting Case

The U.S. Supreme Court ruled 6-3 on Wednesday that Louisiana's creation of a second majority-Black congressional district constituted an unconstitutional racial gerrymander. The majority opinion, written by Justice Samuel Alito, stated that compliance with Section 2 of the Voting Rights Act does not justify race-based redistricting.

The court affirmed a lower court's finding that the map violated the Constitution by engaging in race-based discrimination. This ruling came after a lower court determined Louisiana's lack of two majority-Black districts likely violated the Voting Rights Act.

The state redrew its maps to include the additional district, but the Supreme Court rejected this approach. The opinion emphasized that the Constitution rarely permits racial discrimination and that such actions trigger strict scrutiny.

Tuesday, a three-judge panel in Wisconsin dismissed a lawsuit seeking to redraw congressional maps to favor Democrats. The panel rejected arguments that the existing maps, drawn by a commission, were uncompetitive. Attorneys for the defense noted that no prior cases supported claims of anti-competitive gerrymandering, and uncompetitive districts exist in various areas, including urban centers.

Also on Tuesday, the Virginia Supreme Court denied a motion by the state's attorney general to appeal a circuit court ruling. The lower court had declared unconstitutional a recent referendum that approved changes to the state's constitution, aiming to remove map-drawing authority from an independent commission.

Voters had narrowly passed the ballot question, which sought to enable redistricting that could give Democrats a 10-1 advantage in congressional seats. On Monday, the Virginia Supreme Court heard arguments on Democrats' proposed congressional maps, with justices posing skeptical questions about the redistricting plan.

Election law expert Hans von Spakovsky described the week as positive for the rule of law. He compared the backlash to the ruling to reactions following the 2013 Shelby County v. Holder decision, noting that predicted widespread discrimination did not occur.

“It’s been a good week for the rule of law.”

NAACP President Derrick Johnson called the Supreme Court decision a devastating blow to the Voting Rights Act, accusing it of allowing politicians to silence communities. Former President Barack Obama stated that the ruling guts a key pillar of the Act and dilutes minority voting power under the guise of partisanship.

“Today’s Supreme Court 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…”

The White House welcomed the decision as a victory for American voters, emphasizing that skin color should not determine congressional districts. The ruling drew on the 15th Amendment and the 2013 Shelby County decision, noting significant changes in voter turnout and minority representation since the Voting Rights Act's passage in 1965.

The Supreme Court opinion criticized over 30 years of assuming Voting Rights Act compliance as a compelling interest for race-based districting. It argued that the Act prohibits discrimination but cannot justify it in redistricting. In Virginia, the rejected referendum aimed to temporarily remove a 2020 constitutional amendment establishing an independent redistricting commission.

Democrats sought to redraw maps for midterm gains. In Wisconsin, the dismissed lawsuit targeted maps from a commission appointed by the governor. Plaintiffs argued for more competitive districts, but the court found the claims unsupported by precedent.

Luke Berg, deputy counsel for the Wisconsin Institute for Law & Liberty, described the lawsuit's argument as novel and without national examples. The decisions highlight ongoing debates over redistricting, with states facing challenges to maps perceived as favoring one party.