U.S. Supreme Court Seeks Fresh Briefs on Louisiana Map, Weighing the Voting Rights Act Against Equal-Protection Limits

U.S. Supreme Court Seeks Fresh Briefs on Louisiana Map, Weighing the Voting Rights Act Against Equal-Protection Limits

The U.S. Supreme Court issued an unsigned order on Aug. 1 asking for supplemental briefs in Louisiana v. Callais, a case that claims Louisiana’s new six-district congressional map is an unconstitutional racial gerrymander. Louisiana and a coalition of Black voters who support the 2024 map must file by Aug. 27; the “non-African American” voters challenging the plan have until Sept. 17, with replies due Oct. 3. The justices already heard oral argument in March but held off any decision in the case, signaling they wanted additional input before deciding whether the second majority-Black district created last year should stand. The…
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Georgia Redistricting Update (Jan. 10, 2024)

Georgia Redistricting Update (Jan. 10, 2024)

On October 26, 2023, a U.S. District Court ordered Georgia's legislative and congressional districts to be redrawn before the 2024 election. The legislature had passed those maps in 2021 following the 2020 census. The litigation includes three sets of plaintiffs and the court ultimately found that the legislature's maps violated Section 2 of the Voting Rights Act. Among other findings, the court noted convincing evidence that the political process in Georgia was not equally accessible to Black voters when compared to their White counterparts. This being the case, the prophylactic measures prescribed in Section 2 of the Voting Rights Act were necessary…
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Update: Status of Kansas Redistricting (July 2023)

Update: Status of Kansas Redistricting (July 2023)

Major litigation against Kansas' redistricting maps has concluded however a key case against a local subdivision remains active and has just garnered significant support from a recent U.S. Supreme Court decision. Congressional and State Senate and House MapsThe congressional map adopted by the legislature, known as the "Ad Astra 2" map - was vetoed by Democratic governor Laura Kelly. The map was nevertheless enacted on Feb. 9, 2022 after a successful veto override vote in both chambers of the legislature. One key feature of the Ad Astra 2 map was its splitting of Wyandotte County - home to Kansas City…
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U.S. Supreme Court Sides with Alabama in Voting Rights Act Case Against its Congressional Map, Issues a Stay Order.

The U.S. Supreme Court on Monday announced that it will allow Alabama to hold elections under its newly enacted congressional map despite a federal trial court's order to redraw the map to add a second majority Black district. Read the order here. In a 5-4 vote, the court granted Alabama's application for a stay from the trial court's decision invalidating the map under Section 2 of the Voting Rights Act (VRA). The 4 Justices in the minority would have allowed the 2022 election to go forward in Alabama with a remedial map as the three-judge trial court had ordered. Justice…
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Arkansas State House Map Gets Voting Rights Act Challenge in Federal Court

On Wednesday, the Arkansas State Conference NAACP and the Arkansas Public Policy Panel filed a lawsuit against the newly enacted Arkansas State House district map. The suit alleges minority vote dilution in violation of the Voting Rights Act. The case is Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment. Read the Complaint. PRESS RELEASE DECEMBER 29, 2021 LITTLE ROCK, Ark. — The American Civil Liberties Union, ACLU of Arkansas, Law Office of Bryan L. Sells LLC, and Dechert LLP filed a federal lawsuit today challenging a new redistricting plan for the Arkansas State House of Representatives that would undermine the voting strength of…
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Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Press Release: Sept. 1, 2021 Today the U.S. Department of Justice announced the release of a guidance document to ensure state, county, and municipal governments comply with Section 2 of the Voting Rights Act concerning redistricting maps and methods of electing governmental bodies following the release of the 2020 Census redistricting data. “The right to vote is the right from which all other rights ultimately flow,” said Attorney General Merrick B. Garland. “Discriminatory redistricting schemes or election practices threaten that fundamental right and are illegal. The guidance issued today makes clear that jurisdictions must abide by federal laws when redrawing…
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Supreme Court Upholds Arizona Voting Laws Against Sec. 2 Voting Rights Challenge in Brnovich

The U.S. Supreme Court issued its opinion today overturning a lower court's decision striking down two Arizona voting laws under Section 2 of the Voting Rights Act of 1965. The two laws the court upheld restricted out-of precinct voting and certain ballot collection activities in Arizona. Many experts view this as a severe weakening of the Voting Rights Act's protections for minority voters. The Court did seem to distinguish its interpretation of Section 2 in this case, from how it is applied in minority vote dilution redistricting map cases. Read the opinion here. The two voting laws at issue require…
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Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

The Justice Department announced today that it has entered into a proposed consent decree to settle a voting rights lawsuit with the City of West Monroe, Louisiana. DOJ Press Release: April 15, 2021 The Justice Department’s lawsuit, brought under Section 2 of the Voting Rights Act, challenges the current at-large method of electing the West Monroe Board of Aldermen. Under this agreement, the City of West Monroe will change its method of electing its Board of Aldermen to ensure compliance with the protections of the Voting Rights Act. The proposed consent decree was filed in federal court in conjunction with…
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Civil Rights Groups Issue New Report Detailing Potential Harm to Minority Groups During Redistricting Due to Differential Privacy

Civil Rights Groups Issue New Report Detailing Potential Harm to Minority Groups During Redistricting Due to Differential Privacy

Civil rights groups are raising concerns about the accuracy of the U.S. Census Bureau’s proposed new system for protecting privacy in a report released today. The report raises concerns about how the Bureau's use of differential privacy as evidenced by recent demonstration data, will obfuscate the true population count of minority populations and frustrate compliance with federal (and some state) Voting Rights laws governing the redistricting process. PRESS RELEASE April 5, 2021: Civil Rights Groups Issue New Report Detailing Potential Harm to Upcoming Redistricting Efforts Highlight Concerns About the Census Bureau’s Differential Privacy Methodology (Washington, D.C.) – Civil rights groups…
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Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

During the 116th congress in 2019, the Voting Rights Advancement Act was introduced in the Senate by Senator Leahy. The bill is expected to be reintroduced in some form in the current 117th congress. Below are the highlights of the bill’s provisions as articulated by Sen. Leahy’s office. You can read a more in-depth explanation of the first two points here. creates a new coverage formula that applies to all states and hinges on a finding of repeated voting rights violations in the preceding 25 years. establishes a targeted process for reviewing voting changes in jurisdictions nationwide, focused on measures…
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