On Wednesday (April 29), the Supreme Court returned a 6-3 decision in Louisiana vs. Callais, a case that challenged the drawing up of a second majority-Black voting district in the state. The decision by the conservative majority leaves the law on the books, but has thoroughly eradicated the racial protections within it, the liberal justices argued.
The decision was written by Justice Samuel Alito, a staunch conservative, who dictated that future attempts to draw voting maps “cannot use race as a districting criterion,” and also prove that the disadvantages aren’t due to the results of favoring incumbents.
Conservatives have made dismantling the Voting Rights Act a political goal for decades, arguing that its protections haven’t been needed since it was signed into law in 1965. The decision on Wednesday marks the most severe blow to the law since the Shelby County case in 2013. The case has been directed to the lower courts for review.
Justice Elena Kagan, who wrote the dissent, warned that the Section 2 protections of the Voting Rights Act would no longer be enforceable, and noted “it is about the many other districts, particularly in the South, that in the last half-century have given minority citizens, and particularly African Americans, a meaningful political voice.”
This was echoed by numerous advocates and legal scholars. “There’s some small protections with respect to language access, an important prohibition on voter intimidation, but very little remains. This is a dark day in our democracy,” said NAACP General Counsel Kristen Clarke.
Others voiced their dismay online, noting that Chief Justice John Roberts has been an aid to dismantling the VRA’s protections along with Justice Clarence Thomas, who argued in his concurrence that the Voting Rights Act has no place in redistricting at all.
The decision also casts a large shadow over the upcoming midterm elections later this year. Republican dominated states have already begun to move to eliminate districts favoring Black voters and other voters of color. Louisiana announced it would cancel House primaries next month, and Alabama and Mississippi have voiced their intent to make districting changes.
1. Nikole Hannah-Jones
