Supreme Court’s Louisiana v. Callais Decision Undermines Section 2

Since the early 2010s, the Supreme Court has narrowed voting-rights protections. In *Shelby County v. Holder* the Court struck down the preclearance formula for jurisdictions with histories of discrimination. *Rucho v. Common Cause* barred judicial review of partisan gerrymandering, and *Brnovich v. Democratic National Committee* limited Section 2 of the Voting Rights Act. The *Louisiana v. Callais* decision continues this trajectory.

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In a 6-3 judgment, the Court held that plaintiffs must prove intentional racial discrimination to succeed under Section 2, while permitting partisan gerrymandering as a legal defense. By raising the evidentiary bar, the ruling renders Section 2 effectively inoperative, removing the Act’s last enforceable provision.

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Analysts estimate the decision could jeopardize up to 19 House seats held by Democrats, including roughly 30 % of the Congressional Black Caucus, underscoring immediate partisan consequences.

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By eliminating the last federal check on racially discriminatory redistricting, the ruling frees state legislatures that draw the maps from accountability. The decision creates a self-reinforcing cycle: the Court removes federal oversight, partisan leaders pressure legislatures to entrench advantages, and entrenched majorities further consolidate power. As a result, the balance of political authority shifts further toward state bodies already shaped by partisan advantage.

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Justice Elena Kagan’s dissent warned that the decision effectively nullifies Section 2, describing it as a dead letter and underscoring the loss of a core civil-rights safeguard. The majority framed the heightened intent requirement as a safeguard against judicial overreach, arguing that only purposeful discrimination should trigger federal intervention. Legal scholars and voting-rights advocates contend the decision continues a decades-long crusade to dismantle the Voting Rights Act, undermining majority rule and shifting power to state bodies already predisposed to partisan advantage.

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• “a central goal of conservative jurisprudence is the carving back of federal protections, and the empowerment of states over vast swaths of social and civil life.” — David Daley, FairVote

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• “patiently preparing to dismantle Section 2 of the Voting Rights Act for 40 years,” — David Daley, FairVote

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• “As Mother Jones’ Ari Berman and FairVote’s Daley have both exhaustively chronicled, Roberts’ entire career could be characterized as a crusade against the Voting Rights Act.” — Ari Berman, Mother Jones

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• “decision renders Section 2 all but a dead letter.” — Justice Elena Kagan, U.S. Supreme Court (dissent)

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