Supreme Court Delivers Devastating Blow to Voting Rights Act in 6-3 Decision

The U.S. Supreme Court’s conservative majority, composed of six Republican-appointed justices, issued a landmark ruling on Wednesday, June 29, 2024, dismantling core protections of the Voting Rights Act (VRA) in a 6-3 decision. The ruling in Louisiana v. Callais effectively guts Section 2 of the landmark civil rights law, which had long prohibited electoral maps that dilute the voting power of racial minorities.

Justice Alito’s Majority Opinion Overrules VRA’s 1982 Reauthorization

Writing for the majority, Justice Samuel Alito struck down Louisiana’s creation of a second majority-Black congressional district, ruling that the state’s use of race in drawing electoral maps violated the Constitution. Alito’s opinion imposes new legal tests that will make it nearly impossible for plaintiffs to prove that gerrymandered maps discriminate against voters of color.

"Because the Voting Rights Act did not require Louisiana to create an additional majority-minority district, no compelling interest justified the State’s use of race in creating SB8, and that map is an unconstitutional racial gerrymander. The Constitution almost never permits a State to discriminate on the basis of race, and such discrimination triggers strict scrutiny."

Justice Samuel Alito, Louisiana v. Callais (2024)

Alito’s decision effectively overrules the 1982 reauthorization of the VRA, which had established that electoral maps could be challenged if they resulted in discriminatory outcomes, even without proof of intentional racial discrimination. Under the new standard, plaintiffs must demonstrate intentional discrimination—a nearly insurmountable burden.

Political Scientist Warns of Partisan Gerrymandering Consequences

Michael McDonald, a political scientist at the University of Florida, warned that the ruling could enable states to deny representation to racial communities that consistently vote for one party. He stated:

"My quick read of the Callais decision is that the majority says if a racial community votes consistently with a party, then it is okay to deny them representation because that’s just partisan gerrymandering."

Michael McDonald, University of Florida

Justice Kagan’s Fierce Dissent: Court ‘Betrays Its Duty’

Justice Elena Kagan authored a scathing dissent, arguing that the Court’s decision undermines the VRA’s foundational protections for racial equality in voting. She wrote:

"I dissent because the Court betrays its duty to faithfully implement the great statute Congress wrote. I dissent because the Court’s decision will set back the foundational right Congress granted of racial equality in electoral opportunity."

Justice Elena Kagan, Louisiana v. Callais (2024)

Kagan further criticized the majority for disguising its decision as a technical update while effectively eviscerating the VRA:

"Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power. Of course, the majority does not announce today’s holding that way. Its opinion is understated, even antiseptic. The majority claims only to be ‘updat[ing]’ our Section 2 law, as though through a few technical tweaks… But in fact, those ‘updates’ eviscerate the law."

Justice Elena Kagan, Louisiana v. Callais (2024)

Impact on 2024 Elections and Beyond

The decision arrives too late to significantly affect the 2024 general election, as candidate filing deadlines have already passed in most Southern states. Primary elections have concluded in North Carolina, Texas, and Mississippi, while Louisiana, Alabama, and Georgia have already mailed ballots for upcoming May primaries.

However, the watchdog group Issue One estimates that the ruling could still shift two to four congressional seats to Republicans in the 2026 midterm elections. These potential gains are concentrated in Florida and neighboring Southern states, where Republican-led legislatures may now redraw electoral maps with fewer protections for minority voters.

Long-Term Consequences for Voting Rights

Legal experts warn that the Court’s decision will turbocharge Republican gerrymandering efforts in future redistricting cycles. By narrowing Section 2 of the VRA, the ruling makes it far more difficult to challenge maps that dilute the voting power of communities of color, a tactic often used to weaken Democratic support.

The decision marks a significant retreat from federal oversight of voting rights, leaving minority communities with diminished legal recourse against discriminatory electoral practices. Civil rights advocates have vowed to challenge the ruling, but its immediate impact on electoral fairness remains uncertain.