The US supreme court on Wednesday ordered Louisiana to hold congressional elections in 2024 using a House map with a second mostly Black district, despite a lower-court ruling that called the map an illegal racial gerrymander.
The order allows the use of a map that has majority Black populations in two of the state’s six congressional districts, potentially boosting Democrats’ chances of gaining control of the closely divided House of Representatives in the 2024 elections.
The justices acted on emergency appeals filed by the state’s top Republican elected officials and Black voters who said they needed the high court’s intervention to avoid confusion as the elections approach. About a third of Louisiana is Black.
Like much of the south, voting is racially polarized in Louisiana so any majority-Black district is likely to favor Democrats. Republicans narrowly control the US House and are fighting for an advantage in every seat.
It is the latest development in a long and twisted legal saga over Louisiana’s congressional districts.
Louisiana lawmakers were forced to add a second majority-Black district last year after a federal judge said the map they drew violated the Voting Rights Act. The state approved a map, but then non-African American voters challenged it in court, saying lawmakers relied too much on race when drawing it. Lower federal courts agreed the map should be struck down, and the state said it should not be required to use the map for this year’s elections.
The supreme court’s order on Wednesday halts that argument and means the map with a second majority-Black district will be used for this year’s election. What happens after that is unclear.
The supreme court has previously put court decisions handed down near elections on hold, invoking the need to give enough time to voters and elections officials to ensure orderly balloting. “When an election is close at hand, the rules of the road must be clear and settled,” Justice Brett Kavanaugh wrote two years ago in a similar case from Alabama. The court has never set a firm deadline for how close is too close.
The court’s three liberal justices, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson, all said they would not have granted the request to intervene. Only Jackson explained her reasoning.
“There is little risk of voter confusion from a new map being imposed this far out from the November election,” she wrote in a brief dissent. “We have often denied stays of redistricting orders issued as close or closer to an election.”
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Jackson was objecting to what has come to be known as the Purcell principle – a novel idea adopted by the supreme court that they should not intervene in an election dispute when election day is near. The liberal justices and other critics have accused the court of using the principle to benefit Republicans.
Louisiana has had two congressional maps blocked by federal courts in the past two years in a swirl of lawsuits that included a previous intervention by the supreme court.