The Supreme Court on Wednesday hollowed out a landmark Civil Rights-era law that has increased minority representation in Congress and elsewhere, striking down a majority Black congressional district in Louisiana and opening the door for more redistricting across the country that could aid Republican efforts to control the House. Here in Alabama, the decision could decide the fate of the newly created District 2 seat, currently occupied by Democrat Shomari Figures. Lawmakers on both sides of the aisle are speaking out on the issue.
In a written statement, Republican U.S. House member Barry Moore, whose original district was carved up to create the new minority-majority District 2, said…
“Activist judges have been abusing federal law to suppress conservative voices for too long,” says Barry Moore. “I’m grateful to the Supreme Court for this correct, Constitutional decision and call on the Alabama legislature to begin the process of redistricting. Alabama has stood with President Trump and the America First majority 100% of the way, and it’s time our Congressional delegation reflects that. Elections should be determined by Alabama’s values and candidates’ ideas, not the color of anyone’s skin.”
On the other side of the issue, Democratic U.S. House member Shomari Figures of District 2 said…
“Although today's decision does not make changes to Alabama’s current congressional districts, it has made proving future racial discrimination in redistricting cases significantly tougher. It will lead to states, primarily in the South, launching immediate efforts to redraw districts in ways that will dilute the impact of Black voters and drastically reduce the number of realistic opportunities to elect Black members to Congress. This is unfortunate, especially in Alabama, given the role that brave men, women and children played in this State in spearheading the Voting Rights Movement. While Alabama's congressional district lines currently remain in place until after the 2030 census, I hope that courts will vigorously enforce the Voting Rights Act across the country. The fight for fair representation continues, so now more than ever, it is critical that every American get involved, get registered to vote, and get out to vote.”
Governor Kay Ivey issued a statement as well, pointing out that Alabama is currently under a court order preventing it from changing voting districts until the 2030 U.S. Census is taken. The Governor statement didn't rule out a special session, or a follow-up court ruling.
The Alabama Public Radio news team produced a national award-winning series and documentary on the creation of District 2, and its possibly uncertain future, titled "...a U.S. House seat, if you can keep it. Click below to hear this coverage again.
In a 6-3 ruling, the court’s conservative majority found that Louisiana district represented by Democrat Cleo Fields relied too heavily on race. Chief Justice John Roberts had described the 6th Congressional District as a “snake” that stretches more than 200 miles to link parts of Shreveport, Alexandria, Lafayette and Baton Rouge.
“That map is an unconstitutional gerrymander,” Justice Samuel Alito wrote for the six conservatives.
The effect of the ruling may be felt more strongly in 2028 because most filing deadlines for this year's congressional races have passed. Louisiana, though, may have to change its redistricting plan to comply with the decision.
It is unclear how much of the provision — known as Section 2 of the Voting Rights Act of 1965 — remains.
When he signed the bill —the main way to challenge racially discriminatory election practices —into law more than 60 years ago, President Lyndon Johnson called it “a triumph for freedom as huge as any victory on any battlefield.”
In her dissent for the three liberal justices, Justice Elena Kagan wrote that the court's “gutting of Section 2 puts that achievement in peril.”
Her sentiment was shared by former President Barack Obama, who said the decision showed “how a majority of the current Court seems intent on abandoning its vital role in ensuring equal participation in our democracy.”
In a statement, Fields said the decision's "practical effect is to make it far harder for minority communities to challenge redistricting maps that dilute their political voice.”
Potential political fallout.
The voting rights law succeeded in opening the ballot box to Black Americans and reducing persistent discrimination in voting. Nearly 70 of the 435 congressional districts are protected by Section 2, election law expert Nicholas Stephanopoulos has estimated.
Alito wrote that "allowing race to play any part in government decisionmaking represents a departure from the constitutional rule that applies in almost every other context.” He said Section 2 is effectively limited to instances of intentional discrimination, a very high standard.
Kagan said the upshot of the decision is that states "can, without legal consequence, systematically dilute minority citizens’ voting power.”
Reaction to the decision broke along partisan lines
.
“This is a complete and total victory for American voters. The color of one’s skin should not dictate which congressional district you belong in. We commend the court for putting an end to the unconstitutional abuse of the Voting Rights Act and protecting civil rights,” White House spokeswoman Abigail Jackson wrote in an email.
The chair of the Democratic Congressional Campaign Committee called the decision “appalling.” Rep. Suzan DelBene of Washington state said it was the latest in a long line of attacks by President Donald Trump and the conservative court “against the fundamental right of every American citizen to vote.”
She said Democrats remained poised to regain the House majority in November “despite this corrupt and targeted assault on the voting rights of Black and Brown Americans from the Supreme Court
.”
Trump had touched off a nationwide redistricting competition this year to boost Republican chances of preserving their House edge. The president said some states should redraw their maps and he called the decision the "kind of ruling I like.”
Legislatures already are free to draw extremely partisan districts because of a 2019 Supreme Court decision.
Wednesday's ruling came out as Florida legislators debated a proposed redrawing of the state’s congressional lines, submitted by Republican Gov. Ron DeSantis and intended to give the GOP a chance to pick up as many as four seats in the state’s U.S. House delegation.
Democrats in the Florida Senate urged the Republican supermajority to delay debate, at least long enough to allow lawmakers to read the decision and consult lawyers about how it might affect DeSantis’ proposal. Republicans refused.
