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

By EditorAug 25, 2025
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…
Racial Gerrymandering, Voting Rights Act, ,
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Texas Redistricting Update: July 2025

Texas Redistricting Update: July 2025

By EditorJul 29, 2025
Governor Greg Abbott convened a 30-day special legislative session on July 21, instructing lawmakers to redraw the state’s 38 U.S. House districts. The call follows a letter from the U.S. Department of Justice (DOJ) stating that four districts anchored in Houston and Fort Worth were "coalition districts," and may have been drawn “along strict racial lines,” (a.k.a racial gerrymanders), potentially violating the 14th Amendment. Lawmakers now have until roughly mid-August to craft new boundaries that satisfy equal-population and federal law requirements. Ongoing litigation over the 2021 mapsWhile legislators work on new boundaries, a three-judge federal panel in El Paso is…
Enacting a Redistricting Map, Redistricting Litigation, Texas, , , ,
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Is Louisiana “Begrudgingly” Defending the State’s 2024 Congressional Map?

Is Louisiana “Begrudgingly” Defending the State’s 2024 Congressional Map?

By EditorJan 07, 2025
Louisiana's 2022 congressional map faced a Section 2 vote dilution challenge because it had only one majority-Black district out of 6 in a state where one-third of the population is Black. The lawsuit was successful in that a preliminary injunction was granted on the basis that it was likely that the map violated Section 2 if the case were to go to trial. Louisiana passed a new map with two majority Black districts in early 2024. However, the new map brought new litigation alleging that the 2024 map was an illegal racial gerrymander. A divided federal panel ruled that it…
Racial Gerrymandering, , ,
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Federal Court Rules Mississippi Legislative Maps Must be Redrawn.

Federal Court Rules Mississippi Legislative Maps Must be Redrawn.

By EditorJul 11, 2024
Mississippi's 2022 state legislative districts must be redrawn after a three-judge federal panel declared three districts violated Section 2 of the Voting Rights Act. The case is Mississippi State Conference of the NAACP v. State Board of Election Commissioners. Read the opinion and order here. While plaintiffs in this case were suing for an additional four senate districts and three house districts, the court concluded that only two senate and one house district met the requirements for a remedy under Section 2 of the Voting Rights Act: "We find that three of the illustrative senate and house districts reflect minority…
Mississippi, Voting Rights Act, , , ,
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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

By EditorMay 03, 2024
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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Watch: George Wash. University’s Peyton McCrary Discusses Voting Rights, Alabama, and SCOTUS on C-SPAN

Watch: George Wash. University’s Peyton McCrary Discusses Voting Rights, Alabama, and SCOTUS on C-SPAN

By EditorAug 22, 2023
From CSPAN.org's Washington Journal: Peyton McCrary on the Supreme Court and Voting RightsOn Monday, Peyton McCrary discussed the impact of the Supreme Court’s 5-4 decision on Allen v. Milligan, which upheld Section 2 of the Voting Rights Act. The challenge was brought by minority voters in Alabama following the redrawing of the state's congressional districts after the 2020 census. McCrary, now a professorial lecturer at George Washington University Law School, retired as a historian in the Civil Rights Division of the United States Department of Justice in 2016. Since leaving government service, he has testified as an expert witness in…
Redistricting Litigation, Voting Rights Act, , , , , , , , ,
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How Will the Alabama SCOTUS Decision Affect Litigation in Other States?

How Will the Alabama SCOTUS Decision Affect Litigation in Other States?

By EditorJun 15, 2023
The Supreme Court's somewhat "unexpected" ruling on the Section 2 challenge to Alabama's congressional district map has led to questions about what effect it will have in states with ongoing Section 2 litigation. Below are some articles that ask and attempt to answer the question of how the Alabama decision will affect litigation in those states. Texas Litigation: Where Texas redistricting lawsuits stand after U.S. Supreme Court ruling in Alabama case. (Texas Tribune) Arkansas: Plaintiffs hope SCOTUS decision in Alabama case bodes well for Arkansas redistricting lawsuits. (ualrpublicradio.org/) Georgia: Redistricting: Court ruling against Alabama's racially redistricted map could affect Georgia.…
LAW, NEWS, Redistricting, , , , , , ,
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U.S. Supreme Court Makes “Surprise” Decision Striking Alabama’s Congressional Map

U.S. Supreme Court Makes “Surprise” Decision Striking Alabama’s Congressional Map

By EditorJun 09, 2023
On Thursday the U.S. Supreme Court upheld an Alabama District Court's preliminary injunction against the state's 2021 Congressional map on grounds that it diluted the votes of Black voters in the state in violation of Section 2 of the Voting Rights Act. The 5-4 decision ensures that Alabama's 7 district congressional map, which included only one with a majority of Black voters - will have to be redrawn to include an additional minority Black district. African Americans make up more than a quarter of the state’s population. The decision has implications for Georgia, Louisiana, and Texas as well. It is…
Case Updates, Casedocs, LATEST, LAW, Race in Redistricting, Redistricting, Redistricting Litigation, Voting Rights Act, , , , ,
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U.S. Supreme Court Sides with Alabama in Voting Rights Act Case Against its Congressional Map, Issues a Stay Order.

By EditorFeb 07, 2022
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…
Case Updates, Casedocs, HOME, LATEST, LAW, NEWS, Redistricting, Redistricting Litigation, Redistricting Race Rules, Voting Rights Act, , ,
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Alabama Appeals Congressional Map Decision to U.S. Supreme Court

By EditorJan 28, 2022
On Friday, Jan 28, the state of Alabama filed a motion for an administrative stay to the U.S. Supreme Court as well as a request for an appeal directly to the court from Monday's ruling of a three-judge federal district court. The panel of judges had enjoined the use of the newly drawn Alabama congressional district map on its finding that the map likely violates Section 2 of the Voting Rights Act. The federal district court panel concluded last week that the congressional map should have 2 majority-Black districts (or districts in which Black voters would be able to choose…
Case Updates, Casedocs, LATEST, LAW, NEWS, Redistricting, Redistricting Litigation, Voting Rights Act, , , ,
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