How Democrats Can Fight Back After Supreme Court’s Voting Rights Act Ruling on Redistricting

Supreme Court Ruling Sparks New Era of Redistricting Battles

The U.S. Supreme Court has delivered another blow to the Voting Rights Act, this time dismantling protections against racial gerrymandering in redistricting. The decision, fueled by Donald Trump’s encouragement, now empowers Republicans to target Democratic-held seats—particularly in the South—where they could eliminate as many as 19 seats by 2028.

While immediate changes may be limited for the current election cycle, Republicans are poised to launch mid-decade redistricting efforts in multiple Southern states, aiming to solidify a long-term GOP majority. The ruling represents a significant setback in both legal and substantive terms, but its political implications may not be as dire for Democrats as some fear.

Democrats Hold a Path to Counter Republican Gains

Despite the challenges, Democrats have a strategic opportunity to reclaim lost ground through aggressive redistricting in states where they control the legislature. A new analysis by Fair Fight Action, a voting rights advocacy group, reveals that Democrats could redraw anywhere from 10 to 22 additional congressional seats in time for the 2028 elections—if they act decisively.

The analysis, shared with Democratic leadership and outside groups, outlines two potential scenarios:

• Minimalist approach: Even without flipping any state legislative chambers, Democrats could redraw up to 10 seats by maximizing gerrymanders in states like New York, Colorado, Oregon, and Maryland—where they already hold full control.
• Aggressive approach: By flipping key legislative chambers in states like Wisconsin, Democrats could redraw up to 22 additional seats, offsetting Republican gains.

“Democrats have a clear path to neutralize this GOP power grab if they want to take it. This is the ‘break glass in case of emergency’ moment for American democracy.”

— Max Flugrath, Senior Communications Director, Fair Fight Action

Wisconsin: A Key Battleground for Redistricting

Wisconsin emerges as a critical state in this fight. Currently, Republicans control six of the state’s eight congressional seats, despite Democrats winning recent statewide elections. With a Democratic governor and Republican-controlled legislature, the state is evenly divided politically.

However, Democrats see an opportunity to flip both legislative chambers in the upcoming elections, citing strong performances in recent special elections. If successful, they could redraw Wisconsin’s congressional map to favor their party, potentially flipping multiple seats in their favor.

Why State Legislative Races Are Now More Important Than Ever

The Supreme Court’s ruling has elevated the stakes for state legislative elections, which have long been overshadowed by higher-profile races. Control of these chambers will determine who draws the maps—and who benefits from them—in the coming decade.

For Democrats, the path forward is clear: invest heavily in state legislative races, particularly in swing states, and prepare for an aggressive redistricting push. Failure to act could result in a permanent GOP advantage in Congress, while decisive action could neutralize Republican gains and reshape the political landscape ahead of 2028.