Supreme Court's Callais Decision: Why the Judgment Isn't Immediate and What It Means for Louisiana

The U.S. Supreme Court issued its decision in Callais on Wednesday, affirming the District Court’s judgment and remanding the case for further proceedings. The final paragraph of the opinion stated:

The judgment of the District Court is affirmed, and these cases are remanded for proceedings consistent with this opinion. It is so ordered.

However, the judgment is not issued immediately. Under the Court’s procedural rules, the remand does not take effect right away. This delay has sparked conflicts in high-profile cases, including Bush v. Gore, Boumediene, Trump v. Vance, Trump v. Mazars, DHS v. Regents, and Whole Woman’s Health v. Jackson.

For example, after Obergefell v. Hodges was decided, jurisdictions outside the Sixth Circuit immediately issued marriage licenses to same-sex couples, despite being bound by injunctions. As one commentator noted, ‘Whatever, love won!’

The private plaintiffs in Trump v. Callais requested that the Supreme Court issue the judgment forthwith. Louisiana, however, has taken no position on the request, arguing that the timing of the judgment is irrelevant. The state points to the Court’s May 15, 2024 Order, which states:

[I]n the event jurisdiction is noted or postponed, this order will remain in effect pending the sending down of the judgment of this Court.

Louisiana asserts that even if there is a potential conflict in the wording, it does not affect the state’s ability to act. The state explains:

The language can be read to conflict with the cited language above, which requires automatic termination of the Order if the lower court’s judgment is affirmed. That potential conflict, however, has no bearing here because, whether the Order is already terminated or will be terminated when this Court sends down the judgment, nothing prevents Louisiana from adopting a constitutional map and process consistent with this Court’s decision right now.

Louisiana is correct. The District Court did not issue an injunction, and the Supreme Court affirmed its judgment. There is no prohibition preventing Louisiana from following the Supreme Court’s decision as precedent, even without an issued judgment. Once Louisiana adopts new maps in the coming weeks, the dispute will likely be mooted.

The Supreme Court can safely take no further action in this matter.