Pro-Voter Groups Respond to State of Louisiana’s Equal Protection Clause Defense in October’s Consequential U.S. Supreme Court Case



We reported that the State of Louisiana shifted its argument in Louisiana vs. Callais, and now claims the protections of Voting Rights Act of 1965 Section 2, are unconstitutional and no longer needed.  In their brief, pro-voter groups point out Louisiana’s maps have already been found to discriminate, so shifting arguments won’t help them.   

In a brief filed August 31st, the ACLU and other pro-voter groups reminded the high court that seven 5th Circuit federal judges found that the Louisiana legislature had intentionally diluted Black voting power in 2022, and forced the legislature to draw two majority-minority Congressional districts.

Now, the state and the QUOTE “non-minority” voters claim the states own new maps violate the 14th Amendment’s Equal Protection Clause, and the majority-minority districts shouldn’t have been drawn in the first place.  

The ACLU’s coalition argues that courts followed Congress’ rules, and created the VRA rules under 14th & 15th amendments.  It points out those rules are still on the books, and decades of precedent have upheld Section 2 and protection of minority voters, including the 2023 Alabama Milligan decision.  

Despite the vast precedent,  it appears the state’s argument in Louisiana vs. Callais has been packaged to appeal to Justices Roberts, Kavanaugh and Coney-Barrett in hopes of neutralizing more minority voter protections.  Oral arguments are scheduled for Oct. 4th. 

We have the pro-voter groups’ U.S. Supreme Court brief at AmericanDemocracyminute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Louisiana Illuminator – How we got here: Louisiana’s redistricting case puts the Voting Rights Act on trial
American Democracy Minute – Louisiana’s Racial Gerrymandering Defense to SCOTUS Switches from ‘It was for Partisan Reasons’ to ‘The VRA is Unconstitutional’
U.S. Supreme Court – Brief by ACLU, NAACP Legal Defense Fund, Election Law Clinic of Harvard Law School
U.S. Supreme Court – Supplemental Brief by the State of Louisiana 
NAACP Legal Defense Fund – The Fight for Fair Maps in Louisiana and the Long Road to the Supreme Court

Groups Taking Action:

ACLU, NAACP Legal Defense Fund, Lawyers Committee for Civil Rights Under Law

Register or Check Your Voter Registration:

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


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