Louisiana Asks Supreme Court to Bar Use of Race in Redistricting, Challenging Voting Rights Protections
State abandons defense of a map that elected two Black members of Congress and urges justices to reject race-based districting ahead of October arguments
Louisiana on Wednesday asked the U.S. Supreme Court to bar consideration of race in redistricting, abandoning its defense of a congressional map that elected two Black members and urging the justices to reject race-based districting rules that have guided Voting Rights Act enforcement.
The filing asks the conservative-dominated court to adopt a position that could prevent courts from considering race when evaluating political maps, a move experts say could reshape minority representation nationwide. The Supreme Court had invited new briefing and argument in the Louisiana case after hearing it earlier this year; the parties are scheduled to argue on Oct. 15.
In its filing, Louisiana officials urged the court to adopt a bright-line rule barring the use of race in drawing districts. The move marks a retreat from the state's prior defense of a contested congressional map and represents a direct challenge to decades of litigation under the Voting Rights Act, which has been used to require the creation of majority-Black and other majority-minority districts in some jurisdictions.
Voting rights experts and civil rights advocates warned that a decision to bar consideration of race in redistricting would likely reduce the number of majority-Black districts and other districts shaped to remedy racial vote dilution. "If Louisiana's argument prevailed at the Supreme Court, it would almost certainly lead to a whiter and less representative Congress, as well as significantly less minority representation across the country in legislatures, city councils, and across other district-based bodies," UCLA law professor Richard Hasen said in an email.
Legal observers note that the request comes at a time when the court has shown skepticism toward race-conscious remedies. A ruling that curtails the role of race in redistricting could enable Republican-led states in the South and elsewhere to redraw maps that eliminate virtually all majority-Black districts, which have historically been Democratic strongholds.
The case reached the high court after lower-court litigation over Louisiana's congressional map, which critics said diluted Black voting strength. Rather than defending the districting decisions that produced two Black members of Congress, state lawyers told the justices they want a categorical rule that race cannot be taken into account when drawing districts.
The Supreme Court's decision in the case could have far-reaching implications for how courts and legislatures approach redistricting and for enforcement of the Voting Rights Act. Advocates for race-conscious districting argue those practices remain necessary to remedy past discrimination and to ensure minority voters have an equal opportunity to elect candidates of their choice. Opponents say basing districts on race entrenches racial classifications and conflicts with the Constitution's equal-protection guarantees.
The justices first heard argument in the Louisiana dispute earlier this year and sought additional briefing before resolving the legal questions presented. The Oct. 15 argument date will give the court an opportunity to address whether race may be considered at all in drawing district lines and how lower courts should apply existing Voting Rights Act precedents.
Litigation over race and redistricting has long shaped American electoral maps, producing a body of Supreme Court rulings that set standards for when race may permissibly be considered to comply with federal civil-rights law. A shift in the court's approach could alter those standards and affect a wide range of district-based bodies beyond Congress, including state legislatures and local governments.
For now, parties and observers are preparing for oral argument in October, while civil-rights groups and state officials watch closely for a ruling that could redefine the balance between race-conscious remedies intended to protect minority voting power and constitutional limits on the use of race in government decision-making.