The fate of the 1965 Voting Rights Act, particularly its crucial Section 2, is hanging in the balance. This section has allowed the federal government to protect voters from racial gerrymandering, which aims to weaken Black political influence. Recently, during the case Louisiana v. Callais, the Supreme Court seemed poised to dismantle Section 2, marking a significant step in a long process of reducing the Act’s power over the last decade.
The case arises from new congressional maps drawn in Louisiana after the 2020 census. The census revealed that about one-third of Louisiana’s population is Black, and the state was eligible for six congressional seats. However, officials initially created maps with only one majority-Black district. Following a lawsuit from voters, federal courts mandated new maps that would create a second majority-Black district.
Now, a group calling themselves “non-African-American voters” is challenging those maps, arguing their rights are violated under the 14th and 15th Amendments. They believe that protecting the voting rights of Black citizens unfairly discriminates against them. The Supreme Court seems inclined to agree.
This potential ruling could effectively end the Voting Rights Act, often seen as a landmark achievement of the civil rights movement. Under Chief Justice John Roberts, the Court has progressively weakened the Act. In 2013, it invalidated a crucial part of the Act requiring certain states with histories of discrimination to seek federal approval for changes in voting laws.
As a result, states have introduced various voting restrictions, widening the gap in voter participation between Black and white citizens significantly. Research indicates that this gap grew particularly in regions previously under Section 5’s scrutiny.
During the recent hearings, the justices focused on whether Section 2 should still hold power, echoing the arguments from the Shelby County case. Justices Kavanaugh and Alito suggested that if lawmakers intentionally created a gerrymander for partisan gain, it would justify the maps, disregarding the racial impact. This approach stands contrary to previous rulings that emphasized the significance of the discriminatory effects rather than intentions.
Justice Ketanji Brown Jackson voiced her frustration, emphasizing that race is a core problem in these discussions. She has been a strong advocate for civil rights within the Court, but it’s evident that her colleagues are often resistant to these views.
The current trend in the Roberts Court reflects a growing reluctance to acknowledge racial injustice claims. Louisiana’s attorney general, who has shifted his stance on the matter, argued that assuming Black voters would behave differently from white voters is unconstitutional. This claim elicited disbelief from Justice Elena Kagan.
Roberts has consistently opposed efforts to address historical racial discrimination, advocating for race-neutral policies. This logic runs the risk of making racial gerrymandering permissible while penalizing efforts to restore Black representation.
Experts warn that if the Court rules in favor of the “non-African-American” voters, it could pave the way for more discriminatory practices in redistricting. A ruling is expected in June, just months before the November 2026 midterm elections, and political analysts predict that such changes could benefit Republicans by gaining up to 19 House seats.
The unfolding story of the Voting Rights Act is intertwined with broader conversations about race, democracy, and representation in the U.S. How this case is resolved may significantly impact the landscape of American politics for years to come. For more detailed analysis, you can check authoritative sources like The Brennan Center or New York Times.