Politics

Supreme Court ruling reshapes voting fights far beyond ballots

After the Supreme Court narrowed Voting Rights Act protections in Louisiana v. Callais, legal challenges to state and local election systems are regrouping—often with tougher standards for proving racial discrimination and more scrutiny of how race and politic

For years, some voting-rights cases hinged on the promise that racial discrimination in districting could be challenged in court.. Now. as Republican-led Southern states race to redraw congressional maps after the Supreme Court weakened those protections. the next fight is moving closer to home—toward state legislatures. county commissions. and school boards.

In the weeks after the high court released Louisiana v.. Callais. there were active legal fights over at least 17 voting maps or election systems for state and local governments. with lawyers in those cases working on briefs about how the ruling’s reinterpretation of Section 2 of the Voting Rights Act should apply.. Under the new approach. Section 2 focuses on intentional racial discrimination. a standard that courts are described as notoriously difficult to prove.. That shift has raised fears of reduced representation for racial minorities and an incentive for more partisan gerrymandering across levels of government.

One of the clearest early signs of impact came in North Carolina, where state Rep.. Rodney Pierce. a Democrat. agreed last week to drop a lawsuit he and another Black voter brought in 2023 to challenge the state’s Senate map.. Pierce said the Supreme Court’s ruling effectively left the Voting Rights Act “a meaningless law with no teeth.” He added: “Because of that decision. there is no longer a path open to us to protect the voting rights of Black citizens in my part of the State so we have dismissed the suit. ” and described it as “a sad day for our democracy.”

Most of the remaining cases likely to be affected by the ruling come from the South. where voting is generally polarized between a white majority and a Black minority that prefers different candidates.. But the legal uncertainty is not confined to one region.. Latino voters have filed Section 2 lawsuits over Washington’s state legislative map and a Pennsylvania school district’s at-large system for electing board members. and Native American voters are in a legal fight over North Dakota’s legislative map.

All of these cases face a higher legal bar tied to how courts evaluate claims that voting districts or systems dilute the power of racial-minority voters, and to what qualifies as a districting plan that gives those voters an opportunity to elect their preferred candidates.

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The pattern that emerges across the disputes is the same sequence playing out in different places: courts are being asked to apply the Callais reinterpretation of Section 2 to existing district lines or voting systems. and then plaintiffs must adapt their arguments to a stricter standard for showing discrimination and for explaining why particular structures allow minority-preferred candidates to win.

Historically. many Section 2 disputes focused on local government. where redistricting expert Michael Li says it is often easier to draw “compact. reasonably configured” districts in which racial-minority voters make up enough of the population to create a realistic chance of electing candidates of choice.. Federal court decisions over the past decade have reflected that focus.. A separate analysis last year found that. over the preceding decade. the majority of decisions ordering changes to redistricting maps or election systems under Section 2 came from cases about local governments. mostly in Southern states.

Li tied the shift to what he described as an earlier effect of Section 2.. “What Section 2 did is it helped break down political fiefdoms that existed in the South in both partisan elections and nonpartisan elections.. And the real danger now is you’re going to see the white majority in these places reassert its primacy and really design maps to lock it in.”

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He also pointed to another result of the new limits: after the Supreme Court’s ruling. opponents of local majority-minority districts can argue that districting decisions reflect political priorities.. That argument, Li said, can apply even to government bodies with nonpartisan seats such as school boards.. “I think that you will increasingly see people at the local level assert that they. too. have various kinds of political interest and they want a certain political outcome. whether that is protecting existing incumbents or whether it is making sure that a school board has conservative tax policies.”

The Supreme Court’s ruling also introduces a separate challenge for plaintiffs.. To show a map violates Section 2. challengers are now required to separate race from partisan preference when trying to show that voting in an area is racially polarized.. But Gilda Daniels. a law professor at the University of Baltimore and a former deputy chief in the Justice Department’s voting section during the Clinton and George W.. Bush administrations, said that partisan election data often is not available at the local level.. “That’s another wrinkle.. It’s a mess,” Daniels said.

Her concerns sharpen in light of the Justice Department’s shift in enforcement priorities.. Under the Trump administration. the Justice Department. as described here. moved away from bringing lawsuits enforcing voting rights for racial minorities.. Last year. it dropped multiple cases that had begun during the Biden administration. including one against an at-large voting system in Georgia’s Houston County that a group of Black voters has since picked up.

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The Trump administration also supported a narrower reading of Section 2. In a friend-of-the-court brief for the Callais case, the Justice Department argued that Section 2 protections against racial discrimination in redistricting are no longer constitutional.

Daniels said that changing priorities. paired with the Supreme Court’s ruling. may create space for local governments to move aggressively toward new voting structures.. She described it this way: Section 2 decisions could encourage local jurisdictions with voting districts previously drawn to “dismantle as much as they possibly can.” Daniels warned that people need to stay engaged locally. saying some jurisdictions could decide. “You know. we’re going to move from districts to at-large.”

That possibility is tied to a different method of election.. Maureen Edobor. an assistant law professor at Washington and Lee University. said at-large systems can make it easier for majority voters to win.. “Instead of electing representatives from geographic districts, at-large systems really allow the majority to win.. So in communities with racially polarized voting. that can actually mean that the majority population will win every single seat. ” she said.. “At-large districts can effectively render minority votes wasted.. They won’t count because you’ll never clear the threshold of a majority required to elect the candidate of your choice.”

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In Fayette County, Tenn., the stakes are immediate and personal.. Elton Holmes, president of the local NAACP branch, is bracing for more setbacks after a recent change.. Last year. the Justice Department pulled out of a Section 2 lawsuit over the county’s board of commissioners. whose members are all white.. After Holmes’ NAACP branch and a group of Black voters brought their own case. the county agreed to a new voting map in which three out of 10 districts are majority Black.

Less than a week after the Supreme Court released its latest ruling. Fayette County held its first primary election under the new districts.. County Mayor Rhea “Skip” Taylor said he does not see “any plans for doing any additional redistricting in the county before the 2030 census.” Holmes said he remains “very concerned” about how white county commissioners may react if this year’s election “doesn’t go too well” for them.

“They will come back and put those gerrymandering maps back into play,” Holmes said. “It’s just been a struggle. We finally get a little breakthrough and then something else pops up to try to push it back some more.”

Beyond individual cases, advocates are watching larger shifts that could ripple through state legislatures.. Estimates by Fair Fight Action and Black Voters Matter Fund say the Supreme Court’s weakening of the Voting Rights Act puts close to 200 Democratic-held state legislative seats. mostly representing majority-Black districts in the South. at risk of elimination.. More legal fights could follow. depending on how the justices handle other cases that could further reduce enforcement of what remains of the Voting Rights Act.

United States Supreme Court Louisiana v. Callais Voting Rights Act Section 2 redistricting gerrymandering at-large voting local elections state legislative maps Fayette County Tennessee Rodney Pierce North Carolina Senate map Houston County Georgia Washington state legislative map Pennsylvania school board at-large system North Dakota legislative map

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4 Comments

  1. I don’t even get what Callais changed tbh. Isn’t Section 2 about discrimination already? Seems like now you have to prove it like in CSI which… nobody can. So minorities just get screwed right?

  2. Wait so the Supreme Court ruling is about ballots but now it’s going to school boards? I’m lost. They’re redoing maps anyway, but I thought it was illegal to draw districts unfairly. If they want to prove “intent,” doesn’t that mean they can always claim it was just “politics”?

  3. This is why I hate election stuff being handled by courts. Like okay, they narrowed protections in Louisiana, now every state will do whatever they want in secret and just say it’s not racial. The article says it’s hard to prove, so that means they’re making it impossible on purpose. Also why are county commissions and school boards getting involved… sounds like it’ll just be chaos everywhere.

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