The Court’s Second Look: Inside the October 15 Oral Argument in Louisiana v. Callais

The Court’s Second Look: Inside the October 15 Oral Argument in Louisiana v. Callais

The Supreme Court reheard Louisiana v. Callais on Oct. 15, focusing on whether Louisiana’s intentional creation of a second majority-Black congressional district violates the Fourteenth or Fifteenth Amendments. Louisiana enacted SB 8 in 2024, creating a second majority-Black district after a trial court issued a preliminary injunction blocking the legislature's 2022 congressional map, which consisted of one majority Black district. A three-judge court in the Western District of Louisiana preliminarily enjoined the court-ordered 2024 remedial map on April 30, 2024, as an unconstitutional racial gerrymander after voters sued. The State and intervenor-appellants took a direct appeal to the Supreme Court,…
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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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California High Court Rejects GOP Bid to Halt Mid-Decade Redistricting Measure

California High Court Rejects GOP Bid to Halt Mid-Decade Redistricting Measure

The California Supreme Court has dismissed a Republican petition that sought to halt Gov. Gavin Newsom’s plan to place a mid-decade congressional redraw on the November ballot, saying that "petitioners [GOP lawmakers] have failed to meet their burden of establishing a basis for relief at this time under California Constitution article IV, section 8." The unsigned order, issued Aug. 20, leaves in place Democrats’ “gut-and-amend” legislation that would temporarily suspend the state’s independent redistricting commission and let voters decide whether to adopt new maps projected to add up to five Democratic seats, an answer to Texas Republicans’ July remap. The…
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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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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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Experts React to the Supreme Court “Punt” on the Louisiana Voting Rights Case

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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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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8th Circuit Becomes the First to Deny Private Litigants Standing to Sue Under Section 2 of the Voting Rights Act

8th Circuit Becomes the First to Deny Private Litigants Standing to Sue Under Section 2 of the Voting Rights Act

This Arkansas State Conference of the NAACP has decided against appealing an 8th Circuit ruling that individuals have no standing to sue under Section 2 of the Voting Rights Act. The ruling comes after decades of court cases that have allowed private litigants to sue under the Act. First a little background: Who Can Sue Under the Voting Rights Act Section 2 of the Voting Rights Act (VRA) (found at 52 U.S.C. § 10301) prohibits discrimination in voting based on race, color, or membership in an enumerated language minority group. Since its enactment, courts have assumed that private citizens and…
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Pennsylvania: Justice Department Files Statement of Interest Supporting Individuals’ Right to Sue Under Voting Rights Act of 1965

Pennsylvania: Justice Department Files Statement of Interest Supporting Individuals’ Right to Sue Under Voting Rights Act of 1965

Press Release: May 2, 2024 SCRANTON – The Justice Department announced that it has filed a statement of interest in the U.S. District Court for the Middle District of Pennsylvania supporting the right of private plaintiffs to bring a lawsuit to enforce Section 2 of the Voting Rights Act. This filing is one of many recent briefs by the Justice Department supporting the longstanding principle that private plaintiffs are authorized to bring lawsuits to vindicate important rights protected by the Voting Rights Act. “The right to vote is the foundation of our democracy, and it is the right on which…
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