Outlook for the Voting Rights Act Dims, as Court’s Conservatives Appear to Turn Away From Their Own Precedent

The U.S. Supreme Court’s Louisiana v. Callais decision will likely be released early next year, and its rehearing in October was one of the big voting rights stories of the year.   Brian is off for a couple of days, so we’re rebroadcasting this story from October.   Happy holidays!



The conservative majority of the U.S. Supreme Court appeared to agree Oct. 15th with arguments that the Voting Rights Act Section 2’s majority-minority voting districts conflicted with the 14th Amendment’s Equal Protection Clause.  A decision is expected next year. 

Chief Justice John Roberts signaled that the court’s 2023 Milligan precedent – a very similar case – may not apply to Louisiana vs. Callais.  Justice Kagan later pointed out the court rejected several similar arguments by the State of Alabama defending its discrimination. 

Louisiana argued that court-mandated majority-minority districts giving minority voters an equal chance to elect a candidate of their choice, puts the state in a position to discriminate against other voters.

Justices Kavanaugh and Coney Barrett both voiced support for an “end point” to sunset such opportunity districts.  The court’s Gingles Test, used to determine if a group qualifies for such a district, was also questioned by the conservative justices. 

In her opening argument, the NAACP Legal Defense Fund’s Janai Nelson said that should the court strike down Section 2, it would be a QUOTE  “. . . a staggering reversal of precedent that would throw maps across the country into chaos.”  There are 148 VRA majority minority districts in 28 states, according to BallotPedia. 

We linked a transcript of the arguments at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

NAACP Legal Defense Fund – Louisiana v. Callais:  Protecting fair representation for Black voters in Louisiana and safeguarding the Voting Rights Act
U.S. Supreme Court – Transcript of Oral Arguments in Louisiana v. Callais
Supreme Court Oral Arguments – Audio with transcript on Louisiana v. Callais
SCOTUS Blog – Court appears ready to curtail major provision of the Voting Rights Act
BallotPedia – Majority Minority Districts

Groups Taking Action:

Lawyers Committee for Civil Rights Under Law, ACLU, Legal Defense Fund, Power Coalition for Equity and Justice

Register or Check Your Voter Registration:

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


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