Supreme Court’s Louisiana v. Callais Decision Undermines the Voting Rights Act

On April 26, Court issued a 6-3 ruling in Louisiana v. Callais requiring plaintiffs alleging racial discrimination in congressional redistricting to prove a “strong inference” of intentional bias. Justice Samuel Alito authored majority, joined by Chief Justice John Roberts and Justice Brett Kavanaugh. New standard replaces broader “effects” test that allowed challenges based on disparate impact alone.

CNN

The 1965 Voting Rights Act (VRA) lets voters challenge maps that dilute minority voting power. In 2023, *Allen v. Milligan* applied an effects-based test, rejecting intent proof. Callais reverses that, narrowing §2. Roberts Court overrules precedent in fewer than two cases per year; only 4 % of 558 cases (2005-2013) were overrulings, while “departures” occurred in about 28 %.

CNN

Alito argues the Court has not overruled *Allen v. Milligan*, noting the case rested on parties’ arguments. Kavanaugh stresses §2 is an effects test, not an intent test. In dissent, Justice Elena Kagan says the majority “overturned Congress’s studied determination … about how to rectify racial inequalities in electoral politics.”

CNN

Critics such as Kagan and Georgetown professor Steve Vladeck warn the decision erodes long-standing minority-voter protections and raises the evidentiary bar. Election-law scholar Richard Pildes says “stealth overrulings” hide the Court’s impact on precedent, complicating advocacy and legislative action.

CNN

The Court’s claim that *Allen* was not overruled conflicts with the practical effect of raising the evidentiary bar, a gap scholars note, and no data yet estimate how many VRA challenges will succeed.

CNN

Requiring proof of intentional discrimination raises the burden on plaintiffs and curbs VRA successes, reshaping representation of Black and other minorities.

CNN

• “The upshot is that the majority, without any good reason, has overturned Congress’s studied determination — along with this court’s precedents upholding it — about how to rectify racial inequalities in electoral politics,” — Elena Kagan, Associate Justice

CNN

• “Contrary to the dissent’s assertion, we have not overruled Allen,” — Samuel Alito, Associate Justice

CNN

• “As this court has long recognized — and as all members of this court today agree — the text of §2 establishes an effects test, not an intent test,” — Brett Kavanaugh, Associate Justice

CNN

• “But in Callais, there’s no question the court has completely rewritten the framework prior cases had established for interpreting the VRA.” — Richard Pildes, Law Professor

CNN

The Court will hear a Colorado case on preschool enrollment of children of same-sex couples, indicating willingness to revisit precedent. Observers anticipate further challenges to the VRA’s narrowed standard and agency precedents.

CNN