About Callais Case 

In April 2024, a federal three-judge panel ruled in favor of the plaintiffs, stating that race was the predominant factor in the redistricting process, violating the Equal Protection Clause of the Fourteenth Amendment. This decision challenges the balance between ensuring fair representation for Black voters under the VRA and avoiding racial gerrymandering claims. The case is expected to have significant implications for redistricting efforts nationwide, as courts determine how states can legally consider race in drawing electoral districts.

Timeline 

The Supreme Court’s opinion in Louisiana v. Callais signals to communities across the south that the voices of voters of color mean less than other voters. The opinion severely narrows Section 2 of the Voting Rights Act of 1965. With a severely narrowed Section 2, voters challenging racially discriminatory maps and voting laws will face higher legal barriers and fewer statutory protections. The decision affects not only congressional redistricting but challenges to state legislative and local election systems across the country.

Challenges to redistricting maps that dilute and diminish the right to vote for voters of color, will now require more evidence of racial discrimination and discriminatory purpose. The Court stated that compliance with the VRA and the subsequent use of race in redistricting is not aligned with the constitution Given this ruling, intentional discrimination claims are now the only real viable path to challenging discriminatory maps.

The Court stated that “[ ] vast social change has occurred throughout the country and particularly in the South, which have made great strides in ending entrenched racial discrimination.” However, the court neglects to mention that part of the reason why there have been great strides in ending entrenched racial discrimination is because of statutes like the VRA and other civil rights statutes.

Legal Updates Post Callais (5/18)

After Callais came down, Southern state legislatures rushed to redraw Congressional maps prior to the 2026 elections. In a stunning move to consolidate power with little to no public input. Alabama, Florida, Tennessee, Louisiana, Georgia, Florida, and South Carolina have either redrawn or are in the process of redrawing voting maps to dilute the voting strength of communities of color. Mississippi lawmakers have said they will do the same in 2027.

Legal challenges have been filed in Florida and Tennessee. Meanwhile, the United States Supreme Court paved the way for Alabama to redraw its congressional map based on Callais, despite a prior court finding that Alabama intentionally discriminated against Black voters. It is important to note that states are passing maps in a matter of days which essentially eliminates any opportunity for meaningful public input and meaningful edits to be made to the maps. Politicians are picking their voters, which is not democracy. 

Many southern states have a prohibition on mid-decade redistricting at the state level such as North Carolina, Alabama, and Tennessee. For example, Tennessee had to pass a new redistricting law to redraw its congressional districts. Additionally, voting has already started in some states (Louisiana and Alabama), so changes to Congressional maps will affect people’s actual votes. This prohibition was unsuccessfully challenged in Louisiana, meaning that thousands of primary votes have been discarded.

Callais will have long-ranging effects on redistricting at the congressional, state, and local level over the next couple of years and into the new redistricting cycle in 2031. That is why it is going to be very important to have an accurate census count and it is going to be very important that we mitigate the harms of Callais at the local level.