Walking the Tightrope: How Courts Balance Minority Vote Dilution Rules and Racial Gerrymandering Limits

Walking the Tightrope: How Courts Balance Minority Vote Dilution Rules and Racial Gerrymandering Limits

Section 2 of the Voting Rights Act versus the 14th Amendment Section 2 of the Voting Rights Act (VRA) prohibits any redistricting plan that dilutes the voting power of minorities. Since Thornburg v. Gingles (1986), plaintiffs preliminarily meet that standard by proving three conditions: the minority group must be large and compact enough to form a district, it must vote cohesively, and the white majority must usually defeat the minority’s candidate of choice. When those “Gingles preconditions” are satisfied, federal courts often order the state to draw an additional majority-minority district. The Equal Protection Clause of the 14th Amendment, however, takes a…
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U.S. Supreme Court Temporarily Blocks Decision on Private Voting Rights Act Lawsuits

U.S. Supreme Court Temporarily Blocks Decision on Private Voting Rights Act Lawsuits

The U.S. Supreme Court has delivered a significant, albeit temporary, reprieve for voting rights advocates and individual litigants, putting on hold a controversial ruling by the U.S. Court of Appeals for the 8th Circuit holding that private plaintiffs cannot bring claims under Section 2 of the Voting Rights Act (VRA), a ruling that could severely limit the ability of individual voters and advocacy groups to sue under the Act. This specific case originated from a challenge to North Dakota's 2021 state legislative map, which the plaintiffs, two Native American tribes and individual voters, argued diluted Native American voting power by…
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Mississippi Redistricting Litigation Update: State Officials File Appeal in Legislative Map Case

Mississippi Redistricting Litigation Update: State Officials File Appeal in Legislative Map Case

Both the State defendants and the Mississippi Republican Executive Committee filed direct appeals to the U.S. Supreme Court on July 3, 2025, after a federal district court invalidated the State's House and Senate maps on Voting Rights Act grounds. The case is Mississippi State Conference of the NAACP v. State Board of Election Commissioners. The NAACP suit against Mississippi’s 2022 state legislative maps began with a complaint in December 2022 alleging racial gerrymandering and Voting Rights Act violations. A three-judge federal panel denied the State’s motion to dismiss in April 2023, oversaw discovery through that autumn, and held a bench…
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NAACP Withdraws Voting Rights Lawsuit as Fayette County, TN Adopts New District Map

NAACP Withdraws Voting Rights Lawsuit as Fayette County, TN Adopts New District Map

The NAACP Legal Defense Fund (LDF) has voluntarily dismissed its voting discrimination lawsuit against Fayette County, Tennessee, following the county commission's unanimous approval of a revised redistricting plan. The lawsuit, filed in February 2025, accused the county of intentionally diluting the voting power of Black residents through its 2021 district map, which included no majority-Black districts despite the county's population being over 25% Black. Faced with lawsuits from both the LDF and the U.S. Department of Justice, Fayette County officials swiftly responded by drafting a new districting plan. This revised map, approved unanimously by commissioners in June 2025, establishes three…
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Eighth Circuit Leaves North Dakota Tribes and Section 2 enforcement, waiting on the Supreme Court

Eighth Circuit Leaves North Dakota Tribes and Section 2 enforcement, waiting on the Supreme Court

This week, a divided Eighth Circuit has refused to rehear Spirit Lake Tribe v. Howe, leaving intact its May 2025 ruling that bars private plaintiffs from suing under Section 2 of the Voting Rights Act (VRA). The order preserves a decision that eliminated a key enforcement pathway for the seven states within the circuit and sets the stage for potential U.S. Supreme Court involvement. The case began when the Spirit Lake Tribe and the Turtle Mountain Band of Chippewa Indians challenged North Dakota’s 2021 legislative map, arguing that splitting their reservations diluted Native voting power. A U.S. District Court Judge…
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Experts React to the Supreme Court “Punt” on the Louisiana Voting Rights Case

The U.S. Supreme Court made an extraordinary move on June 27, when it declined to resolve Louisiana v. Callais and instead scheduled the case for a second round of briefing and argument next Term. The unsigned order keeps January 2024’s remedial map (Act 2/SB 8) in place and promises a follow-up directive “in due course” that may add new questions for counsel. An NPR article highlights just how rare this is, quoting several redistricting experts on the matter. Some have called the decision “puzzling,” given the straightforward factual record, while others suggest this decision (or non-decision) by the court could…
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Supreme Court Delays Ruling on Louisiana’s Second Majority‑Black District, Rehearing Slated Next Term

On Friday, the Supreme Court declined to issue a final verdict on Louisiana’s revised congressional map, which added a second majority‑Black district following a lower court’s finding that the state’s original 2022 map violated the Voting Rights Act by diluting Black representation. Instead, the high court will rehear the case during its next term that begins in October. Justice Thomas included a dissent with the rehearing order. The challenge stems from non‑Black voters who argue the updated map is an unconstitutional racial gerrymander. A three‑judge panel blocked the map, but the Court previously permitted its use in the 2024 election…
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U.S. Supreme Court Oral Argument : Louisiana v. Callais (Congressional Map)

U.S. Supreme Court Oral Argument : Louisiana v. Callais (Congressional Map)

During the Supreme Court oral argument in Louisiana v. Callais on March 24, 2025, the central issue was whether the congressional map enacted by Louisiana in 2024 appropriately balanced constitutional protections and the requirements of the Voting Rights Act (VRA). The Legal Defense Fund (LDF), represented by Stuart Naifeh, argued that the map should be upheld as it fairly acknowledged the political power of Black Louisianians, who constitute one-third of the state's population, by creating two majority-Black districts. This was in contrast to a previous map from 2022 deemed likely to violate the VRA by having only one majority-Black district.…
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Justice Department Files Voting Rights Suit Against Fayette County, Tennessee Commissioners

Justice Department Files Voting Rights Suit Against Fayette County, Tennessee Commissioners

Press Release: January 16, 2025 The Justice Department filed a lawsuit against Fayette County, Tennessee, alleging that the Board of County Commissioners violated Section 2 of the Voting Rights Act when it adopted a redistricting plan that denies the county's Black voters an equal opportunity to elect candidates of their choice. The lawsuit, filed in the U.S. District Court for the Western District of Tennessee, alleges that during the 2021 redistricting cycle, the County Commission deliberately rejected multiple districting plans that would have combined Black communities in districts that would allow Black voters to elect representatives of their choice. In doing so,…
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Justice Department Files Voting Rights Suit Against Houston County, (Georgia) Board of Commissioners

Justice Department Files Voting Rights Suit Against Houston County, (Georgia) Board of Commissioners

Press Release: Jan. 16, 2025 The Justice Department has filed a lawsuit against Houston County, Georgia, to challenge the county’s at-large method of electing the Houston County Board of Commissioners. The lawsuit alleges that the county’s current at-large method of electing county commissioners results in Black citizens having less opportunity than other members of the electorate to participate in the political process and to elect candidates of choice, in violation of Section 2 of the Voting Rights Act. Black residents make up more than 31% of the county’s voting-age population. In recent years, Black-preferred candidates have run for the Board of Commissioners…
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