How the Supreme Court’s Voting Rights Act Ruling Makes It Harder to Protect Minority Voting Power

by | Apr 30, 2026 | Quick Facts

President Lyndon B. Johnson signs the Voting Rights Act of 1965 while Martin Luther King and others look on, 6 August 1965. Photo by Yoichi Okamoto, Wiki Commons

How the Supreme Court’s Voting Rights Act Ruling Makes It Harder to Protect Minority Voting Power

by | Apr 30, 2026 | Quick Facts

President Lyndon B. Johnson signs the Voting Rights Act of 1965 while Martin Luther King and others look on, 6 August 1965. Photo by Yoichi Okamoto, Wiki Commons

By changing the interpretation of Section 2 of the Voting Rights Act, Republicans could use the ruling to redraw congressional districts across the country to benefit their party.

Republished with permission from The Conversation, by Sam D. Hayes, Simmons University

In a major ruling that would permit weakening the voting power of minorities in the United States, the Supreme Court on April 29, 2026, struck down a Black-majority district in Louisiana’s congressional map as “an unconstitutional gerrymander” and altered the court’s interpretation of the Voting Rights Act.

In a 6-3 decision, the court’s conservative majority argued that Louisiana had violated the law by drawing a second Black-majority district. Justice Samuel Alito wrote that the court was upholding a key part of the Voting Rights Act known as Section 2, which prohibits “voting practices or procedures that discriminate on the basis of race, color, or membership in one of the language minority groups identified” in the act.

But the conservative justices also devised a new interpretation for its application based on historical developments. By doing that, the court majority made it more difficult for plaintiffs to challenge redistricting plans under the act.

In a dissent, Justice Elena Kagan called the decision the “latest chapter in the majority’s now-completed demolition of the Voting Rights Act.”

Kagan, joined by the other two liberal justices, argued that the decision will make it effectively impossible to use race in redistricting—as has been done historically under the Voting Rights Act—and more difficult to prove discrimination under the act. She wrote, “The court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity.”

I’m a scholar of national political institutions, election law and democratic representation. The timing of the case carries major implications for the 2026 midterm elections. The decision, by weakening the Voting Rights Act, could make it easier for states to draw partisan gerrymanders of their congressional districts that reduce the power of minorities.

Long Legal Battle

The central question in the case was to what extent race can, or must, be used when congressional districts are redrawn.

Plaintiffs challenged whether the longstanding interpretation of Section 2 of the Voting Rights Act, which requires protection of minority voting power in redistricting, violates the equal protection clause of the U.S. Constitution, which guarantees that individuals should be treated the same by the law.

In short, the plaintiffs argued that the state of Louisiana’s use of race to make a second Black-majority district was forbidden by the U.S. Constitution. From my perspective as a scholar of U.S. federal courts and electoral systems, this case represent the collision of decades of Supreme Court decisions on race, redistricting and the Voting Rights Act.

To understand the stakes of the current case, it’s important to know what the Voting Rights Act does. Initially passed in 1965, the act helped end decades of racially discriminatory voting laws by providing federal enforcement of voting rights.

Section 2 of the Voting Rights Act forbids discrimination by states in relation to voting rights and has been used for decades to challenge redistricting plans.

Callais had its roots in the redistricting of Louisiana’s congressional districts following the 2020 Census. States are required to redraw districts each decade based on new population data. Louisiana lawmakers redrew the state’s six congressional districts without major changes in 2022.

Soon after the state redistricted, a group of Black voters challenged the map in federal court as a violation of the Voting Rights Act. The plaintiffs argued that the new map was discriminatory because the voting power of Black citizens in the state was being illegally diluted. The state’s population was 31% Black, but only one of the six districts featured a majority-Black population.

Federal courts in 2022 sided with the plaintiffs’ claim that the plan did violate the Voting Rights Act and ordered the state legislature to redraw the congressional plan with a second Black-majority district.

The judges relied on an interpretation of Section 2 of the Voting Rights Act from a 1986 Supreme Court decision in the case known as Thornburg v. Gingles. Under this interpretation, Section 2’s nondiscrimination requirement means that congressional districts must be drawn in a way that allows large, politically cohesive and compact racial minorities to be able to elect representatives of their choice.

In 2023, the Supreme Court upheld a lower court’s interpretation of Section 2 of the Voting Rights Act in a similar racial gerrymandering case in Alabama.

Louisiana Lawmakers Redraw Districts

Following the court order, the Louisiana state legislature passed Senate Bill 8 in January 2024, redrawing the congressional map and creating two districts where Black voters composed a substantial portion of the electorate in compliance with the Gingles ruling. This map was used in the 2024 congressional election and both Black-majority districts elected Democrats, while the other four districts elected Republicans.

These new congressional districts from Senate Bill 8 were challenged by a group of white voters in 2024 in a set of cases that became Louisiana v. Callais.

The plaintiffs argued that the Louisiana legislature’s drawing of districts based on race in Senate Bill 8 was in violation of the 14th Amendment’s equal protection clause, which requires equal treatment of individuals by the government, and the 15th Amendment, which forbids denying the right to vote based on race.

Essentially, the plaintiffs claimed that the courts’ interpretation of Section 2 of the Voting Rights Act was unconstitutional and that the use of race to create a majority-minority district is itself discriminatory. Similar arguments about the 14th Amendment’s equal protection clause were also the basis of the Supreme Court’s recent decisions striking down race-based affirmative action in college admissions.

In 2024, a three-judge district court sided with the white plaintiffs in Louisiana v. Callais, with a 2-1 decision. The Black plaintiffs from the original case and the state of Louisiana appealed the case to the Supreme Court. The court originally heard the case at the end of the 2024-2025 term before ordering the case reargued for 2025-2026.

Major Implications

The court’s opinion reinterprets key precedent on the Voting Rights Act and the application of Section 2 to redistricting. It carries major consequences for the federal courts, gerrymandering and the voting rights of individuals.

For 39 years, Section 2 of the Voting Rights Act has required redistricting institutions to consider racial and ethnic minority representation when devising congressional districts. Majority-minority districting is required when a state has large, compact and cohesive minority communities. Historically, some states have redistricted minority communities in ways that dilute their voting power, such as “cracking” a community into multiple districts where they compose a small percentage of the electorate.

Section 2 also provided voters and residents with a legal tool that has been used to challenge districts as discriminatory. Many voters and groups have used Section 2 successfully to challenge redistricting plans.

Section 2 has been the main legal tool for challenging racial discrimination in redistricting for the past decade. In 2013, the Supreme Court effectively ended the other major component of the Voting Rights Act, the preclearance provision, which required certain states to have changes to their elections laws approved by the federal government, including redistricting.

In this case the court did not fully overrule the previous interpretation of Section 2, but it has altered its application. The effect is that it limits the legality of using race in redistricting and the most common way to challenge discriminatory redistricting.

Additionally, because of the strong relationship between many minority communities and the Democratic party, the court’s decision has major implications for partisan control of the House of Representatives.

By changing the interpretation of Section 2, Republicans could use the ruling to redraw congressional districts across the country to benefit their party. Politico reported that Democrats could lose as many as 19 House seats if the Supreme Court sided with the lower court.

This case builds directly on a recent case also authored by Alito. In 2024, the court overruled a lower court’s finding of racial vote dilution in South Carolina.

This is an updated version of a story that originally published on Oct. 13, 2025.The Conversation

Sam D. Hayes, Assistant professor of politics and policy, Simmons University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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