Connect with us

Historically Speaking

Our Nation’s Path to Louisiana v. Callais

Published

on

So far this year, gerrymandering has been one of the dominant stories, as both sides do everything within their power to secure more of their party’s members in Congress in the midterms.

I already have written about the Virginia election that enabled the state Legislature to draw new voting districts, but since writing that article, a Virginia judge has halted it. Then just last week the U.S. Supreme Court made a ground-breaking ruling about racial gerrymandering in the case of Louisiana v. Callais. While many have been critical of the 6-3 decision based on party lines, this decision did not come out of nowhere; in fact, it is based on years of legal precedent that started a fight between the Fourteenth Amendment and the Voting Rights Act.

Before the 1960s, the federal government did not concern itself with voting districts. Voting was a state issue, and gerrymandering was as old as the nation itself. The practice was named after the eighth Massachusetts governor, Elbridge Gerry, a signatory of the Declaration of Independence, who redrew districts in his state to benefit his party.

However, in 1962, the liberal Warren Court ruled in Baker v. Carr that federal courts could hear challenges to unequal legislative districts under the Equal Protection Clause of the Fourteenth Amendment. Then, in 1964, the same Court created the “one person, one vote” rule in Reynolds v. Sims, which emphasized that representation must be based on people — not geography — requiring states to redraw districts regularly to reflect population changes. With these decisions, the Court opened the door of judicial oversight, and the government walked right through.

In 1965, Congress passed the Voting Rights Act. The important part of the Act for this story is Section 2, which prohibits voting practices or procedures that discriminate on the basis of race or color. Over time, the Supreme Court has interpreted Section 2 to play a central role in redistricting, particularly in cases involving claims of vote dilution. In Thornburg v. Gingles (1986), the Court required the creation of majority-minority districts, which are electoral districts where racial or ethnic minority groups make up more than 50% of the population. Its purpose was to give those groups a fair opportunity to elect representatives.

The issue that arose, as seen in Louisiana v. Callais, is the contradiction between Section 2 of the Voting Rights Act and the Fourteenth Amendment. Although both are designed to promote equality in the democratic process, they often pull states in opposite directions when drawing legislative and congressional districts. The Fourteenth Amendment embodies the principle of equal treatment under the law and has been interpreted by the Supreme Court to discourage decision-making based on race. In contrast, Section 2 sometimes requires states to consider race in order to prevent minority vote dilution.

Those critical of Louisiana v. Callais claim it destroys the spirit of Section 2. Its purpose is to guarantee minority voters have an equal chance to have their voices heard in the political process. This idea has been supported in Thornburg v. Gingles. It was also reaffirmed in Allen v. Milligan (2023). Alabama’s 2020 census showed the Black population growing, but the new voting district map still only had one Black voting district. Civil rights groups sued, and the Court agreed, requiring Alabama to create a second Black voting district.

Alabama’s argument in Allen v. Milligan was that Section 2 goes against the Equal Protection Clause, requiring states to treat individuals equally and avoid racial classifications. This, too, has legal weight behind it. In Shaw v. Reno (1993), the Supreme Court held that districts drawn predominantly based on race, especially those that are unusually shaped and disregard traditional districting principles, may violate the Equal Protection Clause. The Court was concerned that such districts reinforce racial stereotypes and suggest that voters should be grouped primarily by race. In Miller v. Johnson (1995), the Court held that race should not be the “predominant factor” in drawing district lines. Together, these cases established that while race may be considered, it cannot be the overriding factor guiding redistricting decisions.

So, in Louisiana v. Callais, the Court’s goal was to address the tension between Section 2 and the Equal Protection Clause by reinforcing a middle-ground approach. States may consider race when there is strong evidence that doing so is necessary to prevent minority vote dilution, but race cannot be the predominant factor overriding traditional redistricting principles. In other words, the case did not eliminate the conflict between the two, but clarified that compliance with Section 2 is justified only if it is limited and districts remain reasonably compact and are not drawn primarily on racial lines alone.

In this case, the Court ruled that Louisiana’s creation of a second majority-Black district was unconstitutional because race was found to be the predominant factor in drawing the district lines and overriding traditional redistricting principles such as compactness and respect for political boundaries. In turn, it also reshaped how states may consider race in drawing electoral maps.

James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at james.finck@swoknews.com. Thanks to the Southwest Ledger and the Lawton Constitution for sharing his column.

Front Royal, VA
73°
Partly Cloudy
5:51 am8:42 pm EDT
Feels like: 73°F
Wind: 3mph S
Humidity: 96%
Pressure: 30.03"Hg
UV index: 0
ThuFriSat
100°F / 77°F
100°F / 75°F
99°F / 73°F
Business55 minutes ago

How a Texas Metal Shop Became Igloo

Local Government13 hours ago

Warren County Officials Urge Safe, Legal Fireworks Use During July Fourth Holiday

State News15 hours ago

Virginia Colleges Face Global Competition as More Students Consider Studying Abroad

State News15 hours ago

Virginia Has a New Two-Year Budget. Here’s What Lawmakers Now Require of Data Centers

Local News15 hours ago

Todd Gilbert Set to Start State 26th District Judicial Appointment Wednesday, July 1

Local News15 hours ago

Make-A-Wish Greater VA Makes a Dream Come True in Strasburg

Livestream - FR Cardinals15 hours ago

Cardinals Return Home Wednesday, July 1 to Face Charlottesville Tom Sox

Local News16 hours ago

Blue Ridge Wildlife Center Patient of the Week: Great Horned Owl

Interesting Things to Know16 hours ago

July Celebrity Birthdays: Do You Share a Birthday?

National News17 hours ago

Supreme Court Upholds Birthright Citizenship in Major Immigration Ruling

Community Events17 hours ago

Charlee & Joe to Perform July 2 at Gazebo Gatherings

National News18 hours ago

US Supreme Court Upholds Transgender Athlete Bans in Idaho, West Virginia

Community Events18 hours ago

Love Wins: Dueling Disco Raises More Than $104,000 for Local Children and Families

Food23 hours ago

The Spaghetti Problem

Community Events1 day ago

Children Activities by Samuels Public Library for the Month of July

Community Events1 day ago

This Week’s Showtimes at Royal Cinemas as of July 1st

report logo
Arrest Logs1 day ago

POLICE: 7 Day FRPD Arrest Report 6/29/2026

National News2 days ago

US Supreme Court in Virginia Case Says Police Need Warrants for Cellphone Location Data

State News2 days ago

Virginia General Assembly Approves Spanberger’s Budget Amendments, Ending Monthslong Impasse

Local News2 days ago

Cars Changing Lives Delivers a Vehicle and Hope to Local Family

Community Events2 days ago

Stone Branch Center for the Arts to Open Quilt Exhibit July 3

State News2 days ago

Virginia Lawmakers Return Monday to Weigh Spanberger Budget Amendments Before the Fiscal Deadline

State News2 days ago

Farmers, Retailers Worry as State and Federal Regs for Hemp, Marijuana Shift

State News2 days ago

Commentary: Virginia’s Romance With Data Centers Has Cooled, But Nobody Benefits If There’s a Full Breakup

Jefferson Forum2 days ago

Spanberger Playing “Russian Roulette” with Virginia’s Must-Pass Budget