The US supreme court said on Thursday it would not immediately lift a lower court’s order blocking a judge from holding a hearing to consider a new congressional map for Louisiana that increases the power of Black voters. The decision could mean that Black voters in Louisiana will have to vote under a map that has been found to illegally weaken their votes for a second time.
The decision, which had no noted dissents, is the latest step in an increasingly complex legal battle over Louisiana’s congressional maps. A federal judge last year ordered the state to redraw its six districts to add a second district where Black voters could elect a candidate of their choice. Black voters currently represent about a third of Louisiana’s population but have a majority in just one district.
The US supreme court put that decision on hold while it considered a similar case from Alabama. After the court upheld a ruling requiring Alabama to redraw its maps in June, it allowed the Louisiana case to move forward.
In a highly unusual move, a split three-judge panel from the US court of appeals for the fifth circuit issued an order in late September blocking a judge from holding a hearing on a remedial map. The two highly conservative judges in the majority, Edith Jones and James Ho, said the lower judge had not given Louisiana Republicans enough of a chance to defend themselves or prepare a legally compliant map.
The challengers in the case immediately appealed to the US supreme court, warning that putting off the hearing could mean that Louisiana might not get a new congressional map until after the 2024 election. Such a ruling would mean that Black voters in the state would have to be subject to two federal elections under maps that illegally weakened their votes.
“The writ issued by the panel risks injecting chaos into the 2024 election cycle by leaving in place a preliminary injunction barring use of the map the legislature adopted in 2022, while casting doubt on whether or when a lawful remedial map can be promptly developed and implemented,” lawyers for the challengers wrote.
Justice Ketanji Brown Jackson, part of the liberal wing on the US supreme court, wrote a concurring opinion saying that the court’s decision not to get involved should not be seen as condoning the decision from the fifth circuit panel “in these or similar circumstances”.
She also noted that she understood the panel’s ruling to halt proceedings until Louisiana had had an opportunity to draw its own maps. The state, she noted, had conceded in a court filing that it would not draw maps while the case was pending, clearing the lower court to “presumably resume the remedial process” while the full fifth circuit considered an appeal of the case.
Michael Li, a redistricting expert at the Brennan Center for Justice, noted that Louisiana will not hold its congressional primaries until November 2024, so there should still be plenty of time to hold a full trial on the maps and get new ones in place before then. “The real question is whether any appeals after that trial mean that the redrawing gets put on hold pending appeals,” he wrote in an email.
Stephen Vladeck, a law professor at the University of Texas, said the supreme court’s ruling made it “somewhat less likely” there would be a new map before 2024, but added: “It’s still a real possibility that there’ll be a new map in time.”
In addition to Alabama and Louisiana, observers are closely watching Georgia and Florida, where lawsuits seek to give Black voters a chance to elect their preferred candidate. Because voting in the US south is often racially polarized, any districts designed to give Black voters an opportunity to elect their preferred candidate is likely to benefit Democrats.
