Our most recent book is The Comeback: The 2024 Elections and American Politics. It includes a chapter on congressional and state elections.
The Supreme Court on Wednesday, in the case of Louisiana v. Callais, struck down a Louisiana congressional map that a group of voters who describe themselves as “non-African American” had challenged as the product of unconstitutional racial gerrymandering. By a vote of 6-3, the justices left in place a ruling by a federal court that barred the state from using the map, which had created a second majority-Black district, in future elections. Although Wednesday’s ruling did not strike down a key provision of the federal Voting Rights Act, as Louisiana and the challengers had asked the court to do, Justice Elena Kagan suggested in her dissent (which was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson) that the majority opinion by Justice Samuel Alito had rendered the provision “all but a dead letter.”
Jack Blanchard and Dasha Burns at POLITICO:
Excitable Republicans hailing the Supreme Court ruling on the Voting Rights Act as the start of a golden age of neverending House majorities may need to pause and take breath.
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How far can they go this year? With the ruling less than 24 hours old — and with the midterms just six months away — there’s uncertainty about what’s possible. But even in a maximalist scenario for Republicans, none of the experts Playbook spoke to believed this ruling will net the GOP more than a handful of House seats in November.
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ABOUT THAT UNCERTAINTY: Four big factors will ultimately decide the extent of further Republican redistricting this year.
1. TIME PRESSURE: This was an extraordinary moment for the Supreme Court to drop this ruling. (In Louisiana, absentee ballots for next month’s primaries have already been sent out.) Those Southern states keen to redistrict before November are in for an almighty scramble. What’s possible will vary state to state.
2. GOP APPETITE: Not every state-level Republican will want to redraw maps on short notice. Some may see 2028 as a more realistic target. Others may be reluctant to move mid-decade at all. Don’t forget that state legislatures in Republican-run Indiana and Democratic-run Maryland already resisted pressure to accept redrawn maps this cycle.
3. TRUMP: The president remains the decisive factor. How hard the White House pushes for new maps this cycle remains an unknown factor, but may prove critical in how many states move immediately. Trump sounded keen yesterday —- “I would think that they would want to do it,” he told reporters — but had only just learned about the ruling.
4. LEGALITY: This wasn’t the “clean kill” Republicans hoped for, watering down rather than completely gutting Section 2 of the VRA. Experts believe there are legal uncertainties still to be ironed out. Pro-VRA litigation — even if ultimately fruitless — could slow the process down.
Democrats will likely retaliate. (And after the midterms, they might control more legislative chambers.)
Some Democrats who backed new redistricting commissions in the 2010s now look back on those efforts as tying one hand behind their back for the future.
“It seemed like a pitchfork moment. It did seem good,” said Michael Li, a senior counsel for the Democracy Program at the Brennan Center for Justice. “The lesson is that there are some states that are never going to be able to do this. If you’re not going to do it nationally, you’re going to have an unlevel playing field.”
The California and Virginia referendums to let Democrats seize redistricting power represented mea culpas about political idealism that could spread to other blue states.
One of the nation’s oldest redistricting commissions is in Washington State, where voters in 1983 adopted a provision to shift map-drawing power from elected officials. Now Shasti Conrad, the state’s Democratic Party chairwoman, said that it could be undone if Democrats were to flip a handful of seats in the State Legislature and seize supermajority control next year.
If they do, Ms. Conrad said, Washington voters are likely to be asked in 2027 to allow lawmakers to enact a new congressional map. Now, Democrats hold eight of 10 House seats in the state.
“People have been asking, ‘What can Washington do with redistricting?’” Ms. Conrad said. “They’re seeing other states like Virginia do it, so why can’t we?”
Democratic regrets over their redistricting hurdles tend to quickly morph into the party’s most reliable political stance over the last decade: blaming Mr. Trump.