Supreme Court Deals a Death Blow to the Voting Rights Act
The Supreme Court’s six-to-three Republican-appointed majority issued a staggering ruling on Wednesday essentially killing the remaining protections of the Voting Rights Act, dealing a death blow to the country’s most important civil rights law. The majority opinion by Justice Samuel Alito in Louisiana v. Callais strikes down the creation of a second majority-Black congressional district in Louisiana and in so doing narrows Section 2 of the VRA to the point of irrelevance, making it nearly impossible to prove that a gerrymandered map violates the right of voters of color.
“Because the Voting Rights Act did not require Louisiana to create an additional majority-minority district, no compelling interest justified the State’s use of race in creating SB8, and that map is an unconstitutional racial gerrymander,” Alito wrote. “The Constitution almost never permits a State to discriminate on the basis of race, and such discrimination triggers strict scrutiny.”
Alito’s opinion essentially overrules the 1982 reauthorization of the VRA, finding that there must be evidence of intentional racial discrimination to show that district lines discriminate against voters of color, which is extremely difficult to prove. He also adds a series of new tests to the law that will similarly make it nearly impossible for states to draw majority-minority districts. As University of Florida political scientist Michael McDonald pointed out, “my quick read of Callais decision is that the majority says if a racial community votes consistently with a party, then it is okay to deny them representation because that’s just partisan gerrymandering.”
Justice Elena Kagan forcefully dissented. “I dissent because the Court betrays its duty to faithfully implement the great statute Congress wrote,” she wrote. “I dissent because the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity.”
She added: “Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power. Of course, the majority does not announce today’s holding that way. Its opinion is understated, even antiseptic. The majority claims only to be ‘updat[ing]’ our Section 2 law, as though through a few technical tweaks… But in fact, those ‘updates’ eviscerate the law.”
The decision crippling Section 2 of the VRA, which required that racial minorities have an equal opportunity to meaningfully participate in the electoral process, will be devastating for communities of color and the Democratic candidates they usually support. The only silver lining for those harmed may be that the ruling came be too late to have a major impact on the 2026 midterm elections. Candidate filing deadlines have passed in most Southern states; primary elections have been held already in North Carolina, Texas, and Mississippi; and Louisiana, Alabama, and Georgia have mailed ballots for upcoming May primaries. Nonetheless, the watchdog group Issue One estimates that the ruling could still shift two to four seats to the GOP before the midterms, “concentrated in Florida and........
