Supreme Court's Louisiana v. Callais Decision Effectively Destroys the Voting Rights Act
Source: Jeannie Suk Gersen. "How the Supreme Court Demolished the Voting Rights Act | The New Yorker." May 2, 2026. www.newyorker.com
The Gist
The author argues that the Supreme Court has essentially killed the Voting Rights Act by making it nearly impossible to challenge voting practices that hurt minority voters. The Court did this by requiring proof that states intentionally discriminated (which is very hard to prove) and by saying that creating districts where minorities can elect their preferred candidates is itself unconstitutional discrimination.
Conclusion
The Supreme Court has effectively demolished the Voting Rights Act of 1965 through its decision in Louisiana v. Callais, usurping Congress's legislative authority and undermining democratic protections for racial minorities in voting
Premises
- The Court reinterpreted Section 2 of the VRA to require proof of intentional discrimination rather than discriminatory effect, reversing Congress's explicit 1982 amendment
- The Court declared that majority-minority districts constitute unconstitutional racial discrimination that states have no compelling interest to create
- Justice Alito's opinion provides a roadmap for states to eliminate Black voting power by framing racial gerrymandering as partisan gerrymandering, which courts cannot review
- This decision makes every existing majority-minority district vulnerable to constitutional challenge and elimination
- The Court has systematically dismantled the VRA over two decades, with this decision completing the destruction of a statute repeatedly reauthorized by Congress
- The Court has exceeded its proper judicial role by rewriting rather than interpreting congressional legislation
Assumptions
- Congress intended the 1982 VRA amendment to address discriminatory effects, not just intent
- Majority-minority districts are necessary tools for ensuring equal electoral opportunity for racial minorities
- The Supreme Court should interpret rather than rewrite congressional statutes
- Partisan gerrymandering and racial gerrymandering can be effectively distinguished
- The Voting Rights Act serves essential democratic functions that justify its continued existence