Jan 11, 2025 Story by: Editor
A federal appeals court reviewed arguments Tuesday in a case that could either undermine protections for minority voters or confirm that Louisiana’s legislative redistricting dilutes the political power of Black voters.
The Fifth Circuit Court of Appeals, which handles cases from Texas, Louisiana, and Mississippi, is examining Nairne v. Landry, a case in which a Louisiana federal judge ruled that the Republican-controlled legislature violated Section 2 of the Voting Rights Act with its newly drawn district maps.
Section 2 of the Voting Rights Act prohibits racial discrimination in voting and mandates that electoral processes must be “equally open to participation” for all individuals, regardless of race. Redistricting every 10 years often leads to legal challenges, especially when minority voters’ influence is perceived to be suppressed.
In Nairne v. Landry, plaintiffs argued successfully that Louisiana’s maps diluted Black voters’ power, making it difficult for them to elect preferred candidates, except in a few districts that heavily concentrated Black voters. The state’s maps have faced multiple legal challenges since their finalization.
“Our win in the district court was a testament to our fight for fairness and inclusion in Louisiana’s political process,” said plaintiff Dorothy Nairne in a press release. “I know I speak not only for myself and the other plaintiffs, but also for so many Black community members across this state, when I say that new representation at our State Capitol would give us hope for justice.”
This case has implications extending beyond Louisiana’s redistricting. Section 2 of the Voting Rights Act is facing scrutiny from conservative factions. In late 2023, the Eighth Circuit Court ruled that only the U.S. government, not private citizens or outside organizations, could sue for violations of Section 2. However, most lawsuits related to these violations are filed by outside entities, a process known as the private right of action. Limiting this right could significantly weaken the Voting Rights Act.
The private right of action issue is expected to reach the U.S. Supreme Court. Of the 466 cases brought under Section 2 since 1982, only 18 were filed by the Department of Justice.
The Fifth Circuit, based in New Orleans, is viewed as a crucial court for conservative legal arguments, with The New York Times describing it as the “proving ground for some of the most aggressive conservative arguments in American law.”
In an appeal petition, Louisiana’s Republican Attorney General argued that the lower court’s decision is in conflict with the Eighth Circuit’s ruling on this important issue.
Additionally, Republican attorneys general from other states filed a brief supporting the appeal, asserting that the lower court ruling was unconstitutional. They argued that the redistricting did not diminish Black voters’ power in Louisiana.
“Reading the statute like a statute confirms that there is equal ‘opportunity’ to ‘participate in the political process’ in Louisiana today and that Louisiana’s legislative districting laws do not violate the VRA,” the Republican attorneys general wrote.
The outcome of this case could have wide-ranging implications for both Louisiana and the broader debate on voting rights protections for minority voters. Source: The Guardian
