The Twists and Turns of A Map that Captured National Attention - Robinson v. Callais (2024)

Three days ago, the Supreme Court agreed to hear if Louisiana’s new congressional district map violated the Equal Protection Clause of the 14th Amendment in Robinson v. Callais (2024). The Court had already involved itself this past May in this case, signing an order to stay to keep the original map to avoid confusion in the 2024 election, and is now willing to rule on its official constitutionality. [1] 

However, with the Court agreeing to hear the case, the future of congressional redistricting regarding the Equal Protection Clause and Voting Rights Act is unknown. In 2022, The Middle District of Louisiana Court ruled that its congressional district map violated Section 2 of the Voting Rights Act because it did not adequately represent the African-American population with only one majority-Black district when the Black population made up two-thirds of the population. [2] 

The Fifth Circuit affirmed the ruling in 2023, requiring the Louisiana legislature to create a new map representative of the population. The legislature created a new map in January of 2024, and Governor Landry signed it into action that month. The new map created two congressional districts that had a majority Black population, reflecting the demographics of the state that the Circuit Court ruled for. [3]

However, the map was not well-accepted. The map, known as Senate Bill 8, was challenged by a group self-reported as: “non-African-American individuals” filed a suit arguing the bill violated the 14th Amendment’s Equal Protection Clause. The plaintiffs claimed that the bill was a form of racial gerrymander since “race was the sole reason” for the map’s creation. [4] 

With both the office of the President of the United States and seats in Congress up for election this year, the courts had to decide quickly if the map was to be changed. In April of 2024, a panel of three divided federal judges ruled that the map was a racial gerrymander and unconstitutional. The decision was then appealed to the Supreme Court, holding the decision until today. [5] 

However, the ruling raised concerns about Louisiana needing a new congressional map for the election. A precedent case, Purcell v. Gonzalez (2006), created the Purcell principle, stating that “Courts should not change election rules during the time just before an election because doing so could confuse voters and create problems for officials administering the election” [6]. Louisiana appealed the decision to the Supreme Court, requesting an emergency stay to keep the map for at least the 2024 election, which the Supreme Court granted in a 6-3 decision. [7] 

However, the ruling created confusion in the American public. The three dissenting justices were Justices Kagan, Sotomayor, and Jackson. The left-leaning justices ruling against a stay that would protect the voting rights of Black individuals in a Southern state left many confused and questioning the difficult-to-understand decision. Many legal scholars have speculated why the justices decided to rule the way they did, and many have arrived at a similar conclusion: they did not want Purcell to become a commonly used precedent because of its potential effects in future elections. [8] 

Now, days after the 2024 election, millions nationwide are reeling from the results. Although Louisiana was predicted to have its six votes contribute to the Republican party in the presidential election, and it did, the effects of Louisiana’s redistricting plan can be seen in the United States House of Representatives. Louisiana’s new 6th district, comprised of a majority-Black population, voted in Democratic party member Cleo Fields as their representative. [9] Louisiana’s second district, initially the only majority-Black individual populated district, voted in their incumbent Democratic house member, Troy Carter. [10]

Although the new map allowed for change and Black individuals’ voices to be heard in elections, the Court agreeing to hear the case may lead to its overturning, which can impact the power of those individuals’ votes in future elections. To protect minority voices in Louisiana, “communities need the confidence that they will be respected in [the] political process, protected by [the] laws and treated fairly by [the] courts,” [11] and the only way to do this is ensuring the Court will rule to protect the very map that gave Louisianian Black individuals a fair voice in their elections for the first time in Louisiana history.

Sources:

1. Mark Sherman, Supreme Court will weigh in on new mostly Black Louisiana congressional district, after election, AP News (Nov. 4, 2024), https://apnews.com/article/supreme-court-redistricting-congress-louisiana-voting-8a9e5123e30fa3ff114da508dde8557b
2. Case: Robinson v. Landry: Challenging Louisiana’s Congressional Maps, Legal Defense Fund, https://www.naacpldf.org/case-issue/robinson-v-landry-louisiana-discriminatory-redistricting/
3. Id.
4. Supreme Court to Determine Future of Equal Protection and Voting Rights Act Claims in Louisiana Case, ACLU, (Nov. 4, 2024), https://www.aclu.org/press-releases/supreme-court-to-determine-future-of-equal-protection-and-voting-rights-act-claims-in-louisiana-case
5. Id.
6. The Purcell principle: A presumption against last-minute changes to election procedures, SCOTUS Blog, https://www.scotusblog.com/election-law-explainers/the-purcell-principle-a-presumption-against-last-minute-changes-to-election-procedures/
7. Nina Totenborg, The U.S. Supreme Court upholds Louisiana's redistricting plan, National Public Radio, (May 14, 2024), https://www.npr.org/2024/05/15/1250937356/supreme-court-louisiana-redistricting
8. Mark Ballard, Why three liberal justices voted against a second Black majority congressional district, NOLA.com, (May 28, 2024)
9. Louisiana House Election Results 2024, National Broadcasting Company News, (Nov. 10, 2024), https://www.nbcnews.com/politics/2024-elections/louisiana-house-results
10.  Id. 
11. Supreme Court to Determine Future of Equal Protection and Voting Rights Act Claims in Louisiana Case, Legal Defense Fund, (Nov. 4, 2024), https://www.naacpldf.org/press-release/supreme-court-to-determine-future-of-equal-protection-and-voting-rights-act-claims-in-louisiana-case/