VRA Gutted

The Voting Rights Act remains, but in name only.

Note to my future self.

Today the Roberts Supreme Court finished what it started in 2013.

In a 6–3 decision written by Justice Samuel Alito, the Court struck down Louisiana’s second majority-Black congressional district. Section 2 of the Voting Rights Act, which bans voting practices that result in racial discrimination, remains in place. But its practical reach is now sharply limited.

The case is Louisiana v. Callais.

After the 2020 census, Louisiana drew a congressional map with one majority-Black district, in a state where Black residents are roughly one-third of the population. A federal court found that likely violated Section 2 and ordered a second district.

A group of self-described “non-African-American voters” sued to block that map. The Supreme Court has agreed with them.

Section 2 has been the primary tool for challenging maps that dilute minority voting power. Since 1982, it has allowed claims based on discriminatory results without requiring proof of intent.

The majority held that Louisiana’s second district was an unconstitutional racial gerrymander and that Section 2 did not require it.

In 2013, Chief Justice Roberts dismantled Section 5 of the Voting Rights Act — the preclearance requirement — and at the time said that Section 2 remained as a backstop. Today that backstop fell.

Justice Kagan, in her dissent, called today’s majority opinion the final step in the Court’s “completed demolition” of the Voting Rights Act.

The effects will move quickly. An analysis by Fair Fight and Black Voters Matter estimates up to 19 additional Republican-leaning House seats could emerge as protected districts are redrawn. Florida approved a new map almost immediately. Mississippi’s governor has already called a special legislative session for May 20 to redraw state Supreme Court districts.

The Voting Rights Act remains, but in name only.