Citing the Equal Protection Clause, FL Supreme Court Allows DeSantis Redistricting Plan to Wipe Out Black Majority Congressional District



The Florida Supreme Court, citing the Equal Protection Clause of the U.S. Constitution, upheld the racial gerrymandering of a North Florida congressional district, which eliminated a long-standing Black majority district.  Use of the Equal Protections Clause is the latest anti-voter tactic to undo protections for minority voters. 

In early 2022, Governor Ron DeSantis vetoed his legislature’s Congressional redistricting map to instead pass one which eliminated the majority-Black Fifth District.  Voters and democracy groups sued, contending it was a violation of the Florida Constitution’s Fair Districts amendment, forbidding the diluting of minority voting power.  A lower court agreed.  The Fair Districts Amendment was approved by Florida voters in 2012, but has been under conservative assault ever since.  The July 17th decision guts that fair maps amendment.

U.S Supreme Court Justices Clarence Thomas, Neil Gorsuch and Samuel Alito have signaled that the Equal Protection Clause of the 14th amendment should be used to weaken the 1965 Voting Rights Act Section 2.  Section 2 enables districts of minority voters to elect the candidate of their choice.   

Numerous federal and state cases in the last two years have used the Equal Protection Clause to claim the rights of White Americans have been violated by such majority-minority districts.   A U.S. Supreme Court case to be heard this fall, Louisiana v. Callais, uses the same argument. 

We’ve linked to more at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – (2023)  DeSantis Congressional Map Diluting Black Voting Power Heads to Florida Supreme Court After Being Upheld by Appeals Court
Florida Supreme Court –  Decision  in Black Voters Matter v. Florida
Florida Phoenix – Florida Supreme Court upholds congressional district maps; 5-1 opinion erases Black district, guts Fair Districts Amendment.
SCOTUSBlog – Supreme Court punts decision on Louisiana’s congressional map to next term
National Constitution Center – The Equal Protections Clause

Groups Taking Action:

Black Voters Matter FLNational Redistricting FoundationLeague of Women Voters FLEqual Ground

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State


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