WASHINGTON, D.C. — In a case focusing on balancing federal voting rights law and constitutional protections, the U.S. Supreme Court addressed ongoing disputes over redistricting in the state.
The case stems from allegations that Louisiana violated the Voting Rights Act (VRA) by failing to create a second majority-Black congressional district.
"Today, my office filed our opening Supreme Court brief defending S.B. 8, Louisiana’s congressional district map. S.B. 8 is our Legislature’s good-faith attempt to navigate an area of the law that Justice Kavanaugh has called 'notoriously unclear and confusing' and Justice Alito has called a 'legal obstacle course,'" Attorney General Liz Murrill said in a provided statement. "Our brief urges the Supreme Court to uphold S.B. 8 and provide clarity to States that, like Louisiana, are forced into endless litigation every time a new Census requires redistricting."
The controversy began after the 2020 Census results prompted redistricting in Louisiana.
In 2022, the state legislature adopted a new congressional map through House Bill 1 (H.B. 1), which retained only one majority-Black district.
Then-Gov. John Bel Edwards vetoed the map, citing concerns that it violated the VRA. However, the legislature overrode the veto, leading to lawsuits from multiple plaintiffs who argued the map diluted Black voting power.
The Middle District of Louisiana ruled in favor of the plaintiffs, issuing an injunction against the map and ordering the creation of a second majority-Black district.
The Fifth Circuit Court of Appeals upheld the decision. However, within weeks, the Western District of Louisiana blocked the newly proposed district, labeling it an unconstitutional racial gerrymander.
The conflicting rulings have placed Louisiana in a legal quandary and the state argues that federal court mandates force it into a no-win situation, simultaneously requiring race-based considerations for compliance with the VRA while risking challenges under the Equal Protection Clause.
The Louisiana Supreme Court’s deliberations underscore broader national tensions in redistricting cases.
Critics of the current legal framework contend that it perpetuates racial division, invoking past injustices like those addressed in Plessy v. Ferguson. Supporters of stringent VRA enforcement argue that ensuring equitable representation for historically marginalized communities is essential.
When Gov. Jeff Landry was inaugurated in January 2024, he called a special legislative session to address the court-ordered redistricting.
Legislators expressed frustration over being forced into compliance with federal rulings, with some viewing the directives as an overreach by unelected judges.
During the session, lawmakers debated various proposals, including one backed by plaintiffs that would create a second majority-Black district by connecting communities in Baton Rouge and the northeastern Delta Parishes.
The U.S. Supreme Court agreed to review Louisiana's congressional redistricting in November, focusing on the state’s second majority-Black district and allegations of racial gerrymandering.
The cases, Louisiana v. Callais and Robinson v. Callais, will examine whether the 2024 map violates Section 2 of the Voting Rights Act.
The plaintiffs argue the map is an unconstitutional racial gerrymander, while state officials defend it as politically driven. Previously, a lower court sided with the plaintiffs, but the Supreme Court allowed the map for the Nov. 5 election.
A coalition that includes the Hawaii attorney general, also filed an amicus brief in the case, supporting Louisiana and voters defending a congressional map with two majority-Black districts.
The brief argues the Constitution permits states flexibility to address likely VRA violations and opposes a competing brief from Alabama and other states challenging the 2022 ruling.
"The Voting Rights Act gives every state the responsibility to draw fair and representative congressional districts,” Hawaii State Deputy Solicitor General Thomas Hughes, said in a news release. "Louisiana followed the law and U.S. Supreme Court precedent when it created a second majority-Black district in the state for the first time in decades. The Court should reject this challenge to Louisiana’s new map, as well as any efforts to further weaken the effectiveness of the VRA."