Response to Louisiana v. Callais Decision
The conservative majority of the Supreme Court just completed a project by Chief Justice Roberts, waged for more than four decades, to eviscerate the Voting Rights Act, seriously harming representative democracy in this country.
First, a brief history lesson.
From 1619 to 1865, most African Americans in the U.S. were enslaved, with “no rights which the white man was bound to accept,” as stated in Dred Scott v. Sandford. After the end of the Civil War and the adoption of the 15th Amendment, Black individuals in the South were given and then deprived of voting rights. For nearly 90 years, African Americans were prevented from voting and subjected to Jim Crow laws in the former Confederate States. That ended, formally, in 1965, with the Voting Rights Act. But, John Roberts began working to eliminate the VRA’s protections as a young lawyer in 1982. He completed those efforts with his decision on April 29, 2026 in Louisiana v. Callais.
The VRA has two enforcement provisions in Sections 2 and 5. The pre-clearance language in Sec. 5 required legislatures in certain states, principally in the South, to clear any changes to voting procedures in advance with the U.S. Department of Justice. The Supreme Court decided in Shelby County v. Holder in 2013 that those pre-clearance provisions were no longer needed because “things had changed dramatically” since 1965 and “Congress must ensure that the legislation it passes to remedy that problem [racial discrimination in voting] speaks to current conditions.”
It is true that the former restrictions against Black voters, such as poll taxes, had disappeared in those years, but racial discrimination in voting persisted. Those states, predictably, immediately began enacting voting restrictions against African American voters. Section 2 still offered the possibility of attacking legislative redistricting that adversely affected Black voters. For decades, Southern legislators have “packed” Black citizens into a few districts and “cracked” other African American voters into white majority districts. Roberts hollowed out Section 2, which was used in those voting dilution cases, in Callais.
The heart of the majority opinion in that decision is a new requirement for challenges to a redistricting scheme. The plaintiffs now need to show the new district lines are not done for partisan purposes. Since the vast majority of Black voters in the South are Democrats, districting to support the Republican party is therefore also done for racial reasons. Partisan redistricting is racial districting in the South.
The Louisiana secretary of state declared an “emergency” after Callais was handed down. The clear purpose of that declaration, declared three days before primary voting in that state was scheduled to begin, is to redistrict either or both of the congressional districts now represented by Black individuals in Louisiana. Up to twelve Black- represented districts now are in peril of racial dilution. In 2019, the Supreme Court decided, in Rucho v. Common Cause, that claims of partisan gerrymandering cannot be brought in federal court despite the fact that partisan gerrymandering is a blatant violation of the First Amendment.
The First Amendment prohibits the government from taking an action based on the viewpoint of a speaker, especially when the speech is political and when the action harms the speaker. A person cannot be deprived of a business license because of that person’s speech, but that same person can be deprived of the right to have effective representation because of speech and association with others. The Supreme Court decided in Rucho not that such partisan gerrymandering was legal, but rather that it would not do anything about it. Callais will result in racial gerrymandering that will deprive Black voters in the South of representation by legislators who support their interests. Rucho deprives all voters of the right to be represented by people who support their interests.
The branch of the federal government that is not selected by the voters, populated by judges with life terms, has decided to destroy representative democracy in this country. It is thwarting the will of Congress. It is deciding these cases based on a fictional view of reality. It is exaggerating the partisan divide in the states by incentivizing Democratic legislators to redistrict to favor Democrats and Republican legislators to favor Republicans.
The conservative justices on the Supreme Court are now politicians in black robes. That could destroy the Court, or representative democracy, and maybe both. If the voters do not elect a Democratic majority in the House and the Senate in 2026, and if that majority does not effectively address this issue, Black legislators and representative democracy will be in mortal danger.
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Written By Barry Roseman, SU4W Board Member
