Supreme Court Cuts the Heart Out of the Voting Rights Act
NEWS & RESEARCH
In a 6-3 partisan split, the Supreme Court significantly weakened enforcement under Section 2 of the Voting Rights Act, ruling that Louisiana's use of race to create a second majority-Black district constituted an unconstitutional gerrymander. Writing for the majority, Justice Samuel Alito posited that race-conscious redistricting is only justified when there is a "strong inference of racial discrimination," suggesting that many modern voting claims are actually partisan efforts "dressed in racial garb." However, The Guardian found that Alito relied on faulty data provided by DOJ suggesting that black voter turnout had exceeded white turnout in two of five recent elections. The Court’s decision further erodes the 1982 "effects test" and creates substantial uncertainty for congressional redistricting ahead of the midterms. In dissent, Justice Elena Kagan warned that the ruling effectively "eviscerates" the law's ability to prevent the dilution of minority voting power. The Court subsequently permitted its decision to take effect early. Louisiana halted its congressional primaries to redraw districts after some 43,000 mail-in ballots had already been cast. Within a week, Tennessee Republicans proposed a congressional map diluting the state’s lone majority-Black district. The NAACP has sued to block the legislature’s action. Meanwhile, in apparent retaliation for Virginia Democrats’ tit-for-tat redrawing of House districts, the FBI raided the Portsmith office and a marijuana dispensary owned by of Virginia state Sen. Louise Lucas, a strong advocate for the redistricting plan in what the FBI called an ongoing investigation.
SOURCES: Supreme Court decision | SCOTUS.blog | NPR | Politico | USA Today | Democracy Docket | New York Times | Politico | The Guardian
ANALYSIS & OPINION
GOP leaders in the South—most notably in Louisiana, Alabama, and Tennessee—are moving rapidly to dismantle majority-Black congressional districts ahead of the November midterms. Louisiana already cancelled its primary elections, special legislative sessions are being considered in multiple states, and there has been a wave of new legal challenges from voting rights opponents. One commentator called it “the greatest withdrawal of voting power from Black Americans since the end of Reconstruction and the establishment of Jim Crow.”
SOURCES: The Downballot | The New Yorker | Democracy Docket | The Guardian
HOW TO FIX IT
Federal action:
Pass the John Lewis Voting Rights Act to restore federal oversight over jurisdictions with histories of discrimination.
Reintroduce and pass the Freedom to Vote Act setting uniform standards to neutralize gerrymandering and making it easier to vote.
Pass the Fair Representation Act to create multi-member House districts.
The Brennan Center recommend six fixes, including an18-year Supreme Court term and legislation to end the abuse of the “Shadow Docket” whereby the Court blocks lower court decisions, often without explanation.
Close the registration gap for minority voters.
Redraw congressional maps to strengthen balance.
State action: Illinois Legislature is considering a proposed state constitutional amendment that would require race to be explicitly considered in drawing congressional boundaries to ensure people aren’t denied participation because of their race.
Legislation: H.R.14 - John R. Lewis Voting Rights Advancement Act of 2025 | H.R.11 - Freedom to Vote Act | H.R.4632 - Fair Representation Act
