We the People Supreme Court Strikes Down Louisiana Congressional Map
May 7, 2026
Michael Morley, election law scholar at Florida State, and Edward Foley, election law expert at Ohio State, discuss Louisiana v. Callais. They explore the Court’s new standard for racial considerations in redistricting. They analyze changes to Section 2, shifts in Supreme Court reasoning, and what this means for future voting rights litigation.
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Majority Rewrites Section 2 Into Intent-Like Standard
- The Court reframed Section 2 of the Voting Rights Act by treating its results-based test as functionally requiring evidence akin to intent.
- Edward Foley explains Justice Alito used constitutional avoidance to convert a results standard into an intense showing of discriminatory purpose.
Louisiana's SB-8 Map Stretched A Second Majority District
- Louisiana's legislature responded to a preliminary injunction by drawing SB-8 with a second majority-minority district stretching diagonally across the state.
- Michael Morley recounts the new district connected Baton Rouge with Shreveport and prompted a constitutional racial gerrymander challenge.
Court Limits Congress's Enforcement Power To Intent
- The majority invoked the 15th Amendment and limited Congress's enforcement power to intentional discrimination, narrowing remedies Congress could enact.
- Foley warns this move contrasts with prior precedents allowing Congress prophylactic authority to address discriminatory effects.