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Supreme Court’s Voting Rights Act Ruling Alters Landscape of Elections

April 29, 2026 | FlaglerLive | 10 Comments

President Lyndon Johnson hands a pen to civil rights leader Rev. Martin Luther King Jr. during the signing of the Voting Rights Act in Washington, D.C., on Aug. 6, 1965.
President Lyndon Johnson hands a pen to civil rights leader Rev. Martin Luther King Jr. during the signing of the Voting Rights Act in Washington, D.C., on Aug. 6, 1965. Hulton Archive, Washington Bureau/Getty Images

By Sam D. Hayes

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.

Police smashing marchers on a street with billy clubs.
State troopers in Selma, Ala., swing billy clubs on March 7, 1965, to break up a march by advocates for Black Americans’ voting rights.
AP Photo, File

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.

A large, white building with a tall tower in the middle.
The Louisiana state Capitol in Baton Rouge.
AP Photo/Stephen Smith

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.

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

The Conversation arose out of deep-seated concerns for the fading quality of our public discourse and recognition of the vital role that academic experts could play in the public arena. Information has always been essential to democracy. It’s a societal good, like clean water. But many now find it difficult to put their trust in the media and experts who have spent years researching a topic. Instead, they listen to those who have the loudest voices. Those uninformed views are amplified by social media networks that reward those who spark outrage instead of insight or thoughtful discussion. The Conversation seeks to be part of the solution to this problem, to raise up the voices of true experts and to make their knowledge available to everyone. The Conversation publishes nightly at 9 p.m. on FlaglerLive.
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Reader Interactions

Comments

  1. Atwp says

    April 30, 2026 at 4:53 am

    People voted for the Republicans this what we get. We need a majority of Democrats in office to change this. Anything the Democratis and people of color do is illegal look at Virginia. Anything the Republicans do is legal look at Texas and Florida redistricting is o.k.

    10
    Reply
    • JC says

      April 30, 2026 at 4:12 pm

      And they will just gerrymandered the FL map like they did in CA/IL/NY/MA, etc., who are we kidding both parties are trash.

      1
      Reply
  2. Al says

    April 30, 2026 at 8:35 am

    Of course your a scholar, now get off your ass and get a real job. One of our biggest problems in this country are nonproductive beings that think they know right from wrong. Why don’t we start making all white voting districts, would you sign on to that. The funny part is a minority candidate could win in such a district because white people vote with their minds not their skin color or language.

    1
    Reply
    • Atwp says

      April 30, 2026 at 1:01 pm

      Listen Al I have a real job. I do know right from wrong. Speak what you know because you don’t know me . You sound like a white man always thinking they know something about me and other people. Always telling people to get a job and maybe you need to get a job.I do have a right to speak my opinion but that might not be for long because people like you jump to the wrong conclusion about people like me. Per haps you don’t know right from wrong, you sound like a white man speaking bad about me., like you are my God and Saviour. Act like you are better than other people, please grow up and mind your self. Yes I am African American and will continue to speak my piece whether people like you like it or not.

      8
      Reply
    • PaulT says

      April 30, 2026 at 7:05 pm

      I’m not going to insult @Al but I do want to point out the bigotry (and racist derision) in his premise that ‘white people vote with their minds, not their skin color’..
      The irony is that most Flagler county (white) Republicans cast vote based only on the letter (R) on the ballot without considering the qualities of the candidate. That’s why our representatives for the last five election cycles have spent far more time as guests on Fox News than in Flagler, or any other county in District 6.

      9
      Reply
    • Sherry says

      May 1, 2026 at 12:29 pm

      @ al. . . yet again, “YOU” are actually the real “racist” ass in this discussion!

      3
      Reply
  3. Laurel says

    April 30, 2026 at 9:17 am

    Well, you know, Louisiana and Alabama are always supporting what’s fair, correct?

    We should either have like a USGS type system, where districts are squared off by blocks, maybe twenty blocks north and south, then east and west, or simply forget the electoral college and have popular vote. To look at a gerrymandered map, it becomes clear what the parties are up to. Too bad for the agriculture v. urban areas.

    The other way is to vote by tiered preference, such as so in so is my first choice, and someone else is my second. Can’t think of what it’s called right now, but y’all get it.

    The term “conservative” has long lost its meaning.

    10
    Reply
  4. Sherry says

    April 30, 2026 at 1:18 pm

    Me. . . I’m all for completely getting rid of the electoral college! We have the means for direct voting. IMO, we do not need another “corrupt” middleman to “control” us!

    8
    Reply
  5. Deborah Coffey says

    April 30, 2026 at 3:18 pm

    This will go down in history as one of the most outrageous things that this corrupt Supreme Court has done. In fact, it proves that they just kicked out the third leg of our Constitutional stool. We no longer have three equal branches of government. This is a very black mark on the SCOTUS…no pun intended.

    4
    Reply
  6. Al says

    May 1, 2026 at 8:56 am

    A recent president Barry Obama clearly said elections have consequences.

    Reply

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