Supreme Court’s Callais Decision Undermines Voting Rights Act Section 2

On April 29, 2026 the Court issued a 6-3 decision in *Louisiana v. Callais*. Authored by Justice Samuel Alito, the majority held that Louisiana’s two majority-Black congressional districts violated the Constitution because race was used as a predominant factor. The opinion discarded the long-standing “Gingles” test and required plaintiffs to prove a “strong inference” of intentional discrimination. The ruling therefore gutted Section 2 of the 1965 Voting Rights Act (VRA), the primary tool for challenging racially discriminatory redistricting.

Slate

Section 2 was added after the Supreme Court’s 1980 *Mobile v. Bolden* decision to allow challenges based on discriminatory effect rather than intent. The 1986 *Thornburg v. Gingles* test required proof of a compact, cohesive minority group that could form a majority in a reasonably drawn district. Subsequent cases—*Shelby County v. Holder* (2013) and *Brnovich v. DNC* (2021)—already narrowed the VRA. The Callais opinion now restores an intent requirement, effectively rendering Section 2 “all but a dead letter.”

Slate

• Justice Samuel Alito – author of the majority opinion.

Politico

• Chief Justice John Roberts – joined the majority, previously upheld the Gingles test in 2023.

CNN

• Justice Elena Kagan – wrote a dissent warning of a setback to racial equality.

Politico

• Louisiana Attorney General Liz Murrill – pledged to work with the state legislature and governor on a “constitutionally compliant” map.

CNN

• Governor Jeff Landry – declined to comment on whether the state will redraw lines.

CNN

• Florida Gov. Ron DeSantis – advanced a new congressional map that would give Republicans 24 of 28 seats.

Al Jazeera (website)

• Texas Gov. Greg Abbott – sought Supreme Court intervention to keep the 2025 map in place.

Fox News (website)

• NAACP General Counsel Kristen Clarke – described the decision as leaving “very little” of the VRA intact.

Politico

• Fair Fight Action & Black Voters Matter – estimate that Black representation in the Congressional Black Caucus could fall by up to 30 percent.

This disastrous Supreme Court ruling hurts Black voters in Louisiana and everywhere else

• Common Cause’s Omar Noureldin – called the ruling “all but impossible to win” for future VRA cases.

CNN

• Adam Kincaid, National Republican Redistricting Trust – framed the decision as restoring a “color-blind” Constitution.

Politico

• 2023 – Supreme Court orders Alabama to draw two majority-Black districts.

Slate

• 2024 – Alabama case refines the Gingles test.

CNN

• 2025 – Texas adopts a mid-cycle map after a Trump-initiated request.

Slate

• April 29 2026 – *Louisiana v. Callais* decision issued.

This disastrous Supreme Court ruling hurts Black voters in Louisiana and everywhere else

• May 2026 – Louisiana calls a special session; Florida and Georgia announce parallel redistricting efforts.

Al Jazeera (website)

• Up to 30 % loss of Congressional Black Caucus seats (Fair Fight Action, Black Voters Matter).

This disastrous Supreme Court ruling hurts Black voters in Louisiana and everywhere else

• People of color currently hold roughly 25 % of House seats, a share enabled by Section 2.

Al Jazeera (website)

• The decision will shape the 2028 redistricting cycle and could affect roughly 70 seats nationwide, according to Republican redistricting analysts.

Al Jazeera (website)

The Court’s majority opinion emphasized that “race-based districting” must be shown to be intentionally discriminatory. Justice Kagan’s dissent warned that the ruling “sets back the foundational right Congress granted of racial equality in electoral opportunity.” Liz Murrill said the state will cooperate with legislators and the governor to produce a compliant map. Governor Landry noted the decision does not obligate immediate redrawing. DeSantis announced his map will proceed, citing the Court’s guidance. Abbott’s office argued the map serves “purely partisan objectives.” Clarke warned that “very little remains” of the VRA’s protections. Kincaid hailed the decision as eliminating an “odious practice” prohibited by the Constitution.

CNN

Justice Kagan’s dissent labeled the ruling a “dark day” for democracy. Clarke called the outcome a “dark day in our democracy.” Noureldin said the ruling makes VRA challenges “all but impossible to win.” Klein warned that partisan objectives that “silence Black and brown communities” produce the same result as overt racial gerrymandering. Election-law scholar Rick Hasen warned that the decision “hardly overstates” how much it weakens the VRA.

Politico

Analysts differ on the decision’s effect on the 2026 midterms: some cite the Purcell doctrine and ongoing primaries as limiting immediate impact, while others expect an “initial scramble” that could benefit Republicans. No state has yet disclosed a final redistricting plan, leaving the scale of upcoming changes uncertain.

CNN

• “the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity.” — Justice Elena Kagan

CNN

• “Very little remains,” — Kristen Clarke, NAACP General Counsel

Politico

• “After today, those districts exist only on sufferance, and probably not for long.” — Justice Elena Kagan (dissent)

Politico

• “When these partisan objectives really amount to silencing Black and brown communities, the result is the same,” — Hilary Harris Klein, Southern Coalition for Social Justice

CNN

Louisiana’s governor has called a special session; Florida and Georgia are preparing similar sessions. Lawsuits challenging new maps are expected before the 2028 census-based redistricting. Congressional leaders on both sides have signaled intent to introduce legislation that could either restore Section 2 protections or codify the Court’s new standard.

Al Jazeera (website)