The 60th anniversary of the Voting Rights Act passed on Wednesday, but its future hangs in the balance as the Supreme Court prepares to review a case that could dismantle one of the law’s core protections. The pending decision may radically shift how race can be considered in redistricting—and whether Black and Hispanic voters continue to receive legal safeguards at the ballot box.
The Voting Rights Act, signed into law by President Lyndon Johnson in 1965, was created to prevent racial discrimination in voting. It prohibited state and local governments from enacting laws that suppress minority voter turnout and encouraged fair redistricting to enhance minority representation.
But in 2024, the protections that drove voter registration among Southern Black communities from 30% to over 50% are under legal fire. Last week, the Supreme Court agreed to hear a Louisiana case that challenges whether drawing congressional districts to empower minority voters is unconstitutional under the 14th and 15th Amendments.
At the heart of the dispute is Louisiana v. Callais, where state lawmakers redrew congressional maps after a federal court found that their original district lines diluted Black voting power. In response, the Legislature added a second majority-Black district—only to be sued by a group of white voters claiming it constituted racial gerrymandering.
The plaintiffs argue that any race-based consideration in redistricting is unconstitutional, regardless of whether it aims to correct historical disenfranchisement. They claim it violates the 14th Amendment’s Equal Protection Clause, which guarantees that all citizens receive equal treatment under the law. The Court’s conservative majority appears open to that argument, having issued an order to consider whether such districts violate constitutional protections.
If the Supreme Court sides with the plaintiffs, it could limit how lawmakers nationwide use race as a factor in creating voting districts—potentially reducing the number of Black and Hispanic elected officials and reinforcing the power of state legislatures over federal oversight.
Civil rights groups such as the NAACP Legal Defense Fund and the Brennan Center for Justice have expressed alarm. In a statement on the Voting Rights Act anniversary, the NAACP said, “Black people’s political power is under severe threat, and the legitimacy of our democracy is undermined as a result.”
This isn’t the first time the Roberts Court has chipped away at the Voting Rights Act. In Shelby County v. Holder (2013), the Court struck down the preclearance requirement, which forced states with a history of voter suppression to obtain federal approval before changing voting laws. Then in Brnovich v. DNC (2021), it became harder to challenge voting restrictions unless proof of racial intent could be clearly established.
In response, Democrats have proposed the John R. Lewis Voting Rights Advancement Act, which would reinstate key provisions of the original law and limit states’ ability to pass restrictive voting laws. But the legislation remains stalled in Congress.
As the Supreme Court prepares to hear Louisiana v. Callais—potentially in October—the future of one of America’s most transformative civil rights laws is once again in the Court’s hands.
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Author: Sean Probber
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