SCOTUS Orders Louisiana to Use Maps With Two Majority-Black Districts

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Facts

  • The US Supreme Court (SCOTUS) on Wednesday effectively ordered Louisiana to use a congressional map containing two majority-Black districts in November's election, blocking a lower-court decision that previously invalidated the map.1
  • The decision comes in response to emergency requests filed by Republican state officials and civil rights groups who urged the court to finalize a 2024 congressional map by Wednesday in order to meet bureaucratic deadlines and avoid 'disarray.'2
  • Last month, a three-judge panel from the US 5th Circuit Court of Appeals ruled that Louisiana’s newly drawn congressional map was an unconstitutional gerrymander that violated the 14th and 15th Amendments because it used race to determine how districts were drawn.3
  • The SCOTUS decision didn't address the merits of the 5th Circuit ruling, and the majority cited the so-called 'Purcell principle' — which suggests that courts shouldn't change election rules just before an election — as a key part of its ruling.4
  • In a counterintuitive breakdown, the six conservative justices voted in favor of Louisiana's map — which will likely give Democrats an extra congressional seat — while the three liberals dissented, saying that it was too early for SCOTUS to intervene.5
  • Drawing congressional districts along racial lines is generally illegal. However, this conflicts with principles from the Voting Rights Act that have been enforced to encourage minority participation in elections.6

Sources: 1Associated Press, 2NBC, 3Louisiana Illuminator, 4SCOTUSblog, 5NPR Online News and 6NOLA.com.

Narratives

  • Democratic narrative, as provided by Mother Jones. While the ideological breakdown of the SCOTUS decision that ordered Louisiana to have two majority-black districts is suspicious, it should still be acknowledged as a win for Black voters and democracy. For at least the 2024 election, Democrats are poised to pick up an extra seat in the House thanks to Louisiana’s new map. More importantly, Black voters are gaining more equitable representation in an election that may determine the balance of power in Congress.
  • Republican narrative, as provided by PJ Media. Federal courts, even the supposedly conservative Supreme Court, are handing Congressional seats over to Democrats with decisions that clearly violate the Constitution. The use of race-based districting and legislation has long been maligned by liberals until it benefits the Democratic party. Racial gerrymandering is illegal, and it's clear that new congressional maps are relying on race to create new districts. However, since Black voters are overwhelmingly Democrats, these maps are being lauded as 'victories.'
  • Cynical narrative, as provided by Center for American Progress. Both Democrats and Republicans gerrymander massively, making American democracy far from fair. Election laws should change.

Predictions