Supreme Court Raises The Stakes In A Louisiana Redistricting Case

WASHINGTON — The Supreme Court connected Friday expanded nan scope of a Louisiana legislature redistricting conflict that has been pending for months by ordering caller briefing connected a ineligible mobility that could further weaken nan landmark Voting Rights Act.

The tribunal issued an order asking nan lawyers to reside whether, successful seeking to comply pinch nan 1965 rule that protects number voting rights, Louisiana violated nan Constitution's 14th and 15th Amendments enacted aft nan Civil War to guarantee Black group were treated arsenic nether nan law.

If nan tribunal rules that nan authorities did break nan Constitution, it would mean states cannot mention nan request to comply pinch nan Voting Rights Act if they usage title arsenic a information during nan map-drawing process, arsenic they presently can.

Rick Hasen, an predetermination rule master astatine nan UCLA School of Law. wrote connected his Election Law Blog that nan bid "appears to put nan constitutionality of Section 2 of nan Voting Rights Act into question." That proviso bars voting practices aliases rules that discriminate against number groups.

The Supreme Court’s 6-3 blimpish mostly is often receptive to arguments that nan Constitution is “colorblind,” meaning nary information of title tin ever beryllium lawful moreover if it is aimed astatine remedying past discrimination. In 2013, nan tribunal struck down a cardinal proviso of nan Voting Rights Act successful a lawsuit from Alabama and further weakened it successful a 2021 lawsuit from Arizona.

The justices heard arguments successful nan Louisiana lawsuit connected much technical, little contentious questions successful March and was primitively expected to rumor a ruling by nan extremity of June. Even then, the law rumor loomed large.

The caller bid did not bespeak whether nan tribunal will perceive different information of arguments earlier it issues a ruling successful nan case.

The Louisiana representation successful question, which is presently successful effect, includes 2 mostly Black districts for nan first clip successful years.

The analyzable lawsuit arose from litigation complete an earlier representation drawn by nan authorities legislature aft nan 2020 census that included conscionable 1 Black mostly territory retired of nan state’s six districts. About a 3rd of nan state’s organization is Black.

Civil authorities groups, including nan Legal Defense Fund, won a ineligible challenge, arguing that nan Voting Rights Act required 2 mostly Black districts.

But aft nan caller representation was drawn, a group of self-identified “non-African American” voters led by Phillip Callais and 11 different plaintiffs revenge different lawsuit, saying nan latest representation violated nan 14th Amendment.

As precocious arsenic 2023, nan Supreme Court reaffirmed nan Voting Rights Act successful a legislature redistricting lawsuit arising from Alabama. But conservatives raised questions astir whether cardinal elements of nan rule should yet beryllium struck down.