Here we go again. The Supreme Court keeps getting dragged into redistricting fights involving race, and this week the Justices will rehear a racial gerrymander challenge to Louisiana’s Congressional map. It could be a landmark that ends the cynical use of race by both major parties to advance their partisan interests.
In recent years, the Justices have considered challenges to maps in Texas, South Carolina, Alabama and Louisiana. They punted last term on deciding the Louisiana case (Louisiana v. Callais) that they will reconsider Wednesday. They will also take up the question of whether the intentional creation of majority-minority districts violates the Fourteenth Amendment’s Equal Protection Clause and the Fifteenth Amendment’s prohibition against abridging a citizen’s right to vote based on race. The right answer is yes.
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State Legislatures are caught in a legal vise. If they draw maps that consider race too little, they can be found to violate Section 2 of the 1965 Voting Rights Act. If they weigh race too much, they could run afoul of the Constitution’s Equal Protection Clause.