Dec 27, 2024 Story by: Editor
Attorney General Brian L. Schwalb has called on the US Supreme Court to reaffirm that states should have the first opportunity to redraw legislative maps to address potential violations of the Voting Rights Act (VRA). In an amicus brief submitted in the case Louisiana v. Callais, a coalition of 20 attorneys general, led by Schwalb and New York Attorney General Letitia James, voiced support for Louisiana and a group of its voters in their effort to uphold a congressional map featuring two majority-Black districts.
In 2022, the Middle District of Louisiana federal court determined that the state’s congressional map likely diluted Black residents’ votes, breaching Section 2 of the VRA. To comply, Louisiana’s legislature adopted a new map in 2024, adding a second majority-Black district. However, another group, describing themselves as “non-African American voters,” filed a lawsuit in the Western District of Louisiana, claiming the revised map was an unconstitutional racial gerrymander violating the Equal Protection Clause. Despite Supreme Court precedent allowing states to redraw maps when there is “good reason” to comply with the VRA, the Western District court blocked the use of the 2024 map. This left Louisiana navigating conflicting court orders and hindered its ability to create districts that align with federal voting rights law. The Supreme Court is now set to decide whether the Western District’s constitutional ruling stands.
“Louisiana legislators fixed a voting regime that likely diluted the votes of Black residents by adopting a map that fairly—and finally—enfranchised Black voters,” said Attorney General Schwalb. “As a matter of law, states must have the flexibility to address racial discrimination in order to comply with the Voting Rights Act. My state AG colleagues and I urge the Supreme Court to reject establishing a national precedent that would threaten minority voters’ ability to fully participate in American democracy.”
The coalition’s brief argues that the Constitution grants state legislatures sufficient “breathing room” to craft legislative maps addressing likely VRA violations. It emphasizes that the federal court’s finding of a likely VRA violation justified Louisiana’s decision to include a second majority-Black district, ensuring compliance with the statute without breaching the Constitution. Additionally, the brief opposes an amicus brief from Alabama and 12 other states seeking to overturn decades of established precedent interpreting Section 2 of the VRA. The coalition warned that accepting Alabama’s arguments would destabilize longstanding reliance on the Supreme Court’s settled interpretation of the VRA.
The full amicus brief can be accessed [here]. Attorney General Schwalb’s efforts are supported by attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
This case was managed by Assistant Attorney General Mark Rucci and Solicitor General Caroline Van Zile. Source: Office of the Attorney General for the District of Columbia
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