Virginia Supreme Court Strikes Down Democratic Redistricting Plan in McDougle v. Virginia

Virginia Supreme Court Strikes Down Democratic Redistricting Plan in McDougle v. Virginia

The Supreme Court of Virginia on May 8th, struck down a voter-approved constitutional amendment that would have authorized Democrats to redraw the state's congressional map mid-decade, voiding the results of the April 21 special election in which Virginia voters had narrowly approved the measure. In a 4-3 decision in McDougle v. Virginia, the court ruled that the General Assembly violated procedural requirements under Article XII, Section 1 of the Virginia Constitution by advancing the amendment to the ballot, declaring that the constitutional violation "incurably taints the resulting referendum vote and nullifies its legal efficacy." The core procedural flaw, as the…
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Supreme Court Rewrites the Rules for Minority Voting Rights in Louisiana v. Callais

Supreme Court Rewrites the Rules for Minority Voting Rights in Louisiana v. Callais

On April 29, the Supreme Court issued a landmark 6-3 ruling in Louisiana v. Callais that dramatically narrows how courts evaluate claims of racial vote dilution under Section 2 of the Voting Rights Act (VRA). The decision, written by Justice Alito, involves Louisiana's congressional map known as "SB8," which was drawn to include a second majority-Black district after a lower court found the state's earlier map likely violated the VRA. When Louisiana complied by drawing SB8, a separate group of plaintiffs challenged it as an unconstitutional racial gerrymander. The Supreme Court agreed, and in doing so, it reshaped the legal…
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What Just Happened? Callais Decision Triggers Mutliple Map Redraws

What Just Happened? Callais Decision Triggers Mutliple Map Redraws

The Supreme Court has struck down Louisiana’s 2024 congressional map in Louisiana v. Callais, ruling 6-3 that the state’s creation of a second majority-Black district was an unconstitutional racial gerrymander. The map had been drawn after lower courts found Louisiana’s 2022 plan likely violated Section 2 of the Voting Rights Act because it contained only one majority-Black district in a state where Black residents make up roughly one-third of the population. But the new 2024 map prompted a separate challenge from voters who argued that Louisiana had sorted voters by race in violation of the Equal Protection Clause. The Court…
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Virginia Mid-Decade Redistricting Update

Virginia Mid-Decade Redistricting Update

Virginia’s mid-decade congressional map effort was halted by a Tazewell County circuit judge who said lawmakers didn’t follow the basic procedural rules for putting a constitutional amendment on the ballot. The state legislature's bid to install a new congressional map by constitutional amendment advanced in late October when the General Assembly, meeting in special session, approved a measure to permit enactment of a mid-decade redistricting congressional map effective for the 2026 mid-term election. A second passage was required in the 2026 session before the map could go to a voter referendum, which was completed on January 16. Republicans in Virginia…
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Utah Court Clears the Path for Appellate Review of Congressional Map Decision After No Appeal is Filed

Utah Court Clears the Path for Appellate Review of Congressional Map Decision After No Appeal is Filed

Third District Judge Dianna Gibson has issued a Rule 54(b) certification, specifically granting the Utah Legislature permission to immediately appeal her Aug. 25 ruling to the state Supreme Court. This specific ruling preliminarily voided Utah’s 2021 congressional map and blocked SB200, a law that repealed a 2018 voter-approved initiative (Proposition 4) designed to ban partisan gerrymandering. While Gibson agreed that the public interest is served by a faster resolution, she scolded the Legislature’s attorneys for failing to appeal sooner, noting they offered "no legitimate explanation" for ignoring previous opportunities to challenge her orders over the preceding four months. The outcome…
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Supreme Court Greenlights Texas Congressional Map for 2026

Supreme Court Greenlights Texas Congressional Map for 2026

Texas may use its new congressional plan for the 2026 elections after the Supreme Court granted the state’s emergency stay on Thursday, Dec. 4. In a short, unsigned order, the Court paused a three-judge district court’s Nov. 18 injunction that had barred the 2025 map and directed Texas back to its 2021 lines. Justice Samuel Alito had entered an administrative stay on Nov. 21 while the Court considered the application. The 5-paragraph order says Texas is likely to succeed because the lower court failed to presume legislative good faith and did not draw an adverse inference from the challengers’ failure…
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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

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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