Supreme Court weighs potential change to to Voting Rights Act
Could part of the Voting Rights Act, a cornerstone of civil rights, be on the chopping block at the U.S. Supreme Court?
The nation’s highest court, with its 6-3 conservative majority, is deliberating a case involving Louisiana’s U.S. House district map, a decision that could significantly weaken Section 2 of the historic 1965 law and reshape how voting maps are drawn across the country, as Reuters reports.
Let’s rewind to 1965, when President Lyndon Johnson signed the Voting Rights Act into law, a hard-fought victory of the civil rights era championed by figures like Martin Luther King Jr.
Tracing law's roots
This landmark legislation aimed to dismantle discriminatory voting practices, such as literacy tests, that plagued Southern states like Louisiana after the Civil War.
Fast forward to 1982, when Congress strengthened Section 2 to outlaw election practices with discriminatory outcomes, even without proof of intent -- a move meant to protect minority voting power.
But the law hasn’t been without controversy, as the Supreme Court in the 1990s raised constitutional red flags over race-driven redistricting, setting the stage for today’s battles.
Conservative court shifts landscape
In 2013, the court struck a major blow by alterning a key provision in a case involving Alabama’s Shelby County, freeing states with histories of discrimination from federal oversight on voting law changes.
Now, the spotlight is on Louisiana, where Black residents comprise about a third of the population but face a map with only one Black-majority district out of six U.S. House seats -- until a judge’s ruling prompted a second such district.
White voters challenged this new map, claiming it overemphasizes race in violation of constitutional equal protection principles ratified after the Civil War to protect Black Americans’ rights.
Louisiana’s map sparks debate
Louisiana’s Republican-led legislature argues through Solicitor General Benjamin Aguinaga that Section 2’s race-based redistricting mandates are themselves unconstitutional -- a bold stance for a state with such a fraught racial history.
The Trump administration weighed in, backing the challengers with a framework that would overhaul how Section 2 cases are judged, prioritizing so-called race-neutral principles over historical discrimination patterns.
Critics say this could make it nearly impossible for minority voters to win challenges, especially since over 80% of Black voters lean Democrat, muddling race with party lines.
“If the court further weakens Section 2, states and localities, including those with long histories of discrimination, could be free to draw maps that systematically silence Black, Latino, Native and Asian American voters,” warned Sarah Brannon, deputy director of the American Civil Liberties Union’s Voting Rights Project.
Nice sentiment, but isn’t the real issue whether the Constitution allows race to trump neutral redistricting rules?
Potential fallout explored
Justice Brett Kavanaugh, a conservative justice, seemed receptive to the Justice Department’s proposal during arguments, hinting at a shift that could redefine how courts handle these disputes.
If adopted, as George Washington University law professor Spencer Overton cautions, “Section 2 cases would still exist on paper but would be nearly impossible to win.” That’s a polite way of saying the law could become a toothless relic.
With Republicans holding a slim U.S. House majority, curbing Section 2 could tilt future congressional elections in their favor, potentially allowing up to 19 districts nationwide to be redrawn for partisan gain, according to groups like Fair Fight Action. Voting rights advocates may cry foul, but isn’t it time to prioritize fairness over perpetual racial quotas in map-drawing?
The Supreme Court’s ruling, expected in the coming months, will tell us whether the Voting Rights Act can survive this latest test or if it’s destined for a diminished role in American democracy.





