(By Nolan Mckendry/The Center Square) − Characterized as a “good-faith attempt” by lawmakers to address complex and often contradictory federal redistricting requirements, a brief has been filed with the U.S. Supreme Court by Louisiana Attorney General Liz Merrill defending Senate Bill 8.
The congressional district map passed by the Louisiana Legislature in 2024 includes a second black-majority district. To avoid violating the Voting Rights Act, legislatures must ensure maps comply with the “Gingles test,” established by a 1986 Supreme Court decision.
This test requires that minority groups show they are large and compact enough to form a majority in a single district, that they vote cohesively, and that the majority bloc votes in a way that typically defeats minority-preferred candidates.
The current map, which functioned to depose Rep. Garret Graves, R-La., is being challenged on grounds that it constitutes “a racial gerrymander,” thus violating the Voting Rights Act.
Legislators must balance these demands with traditional redistricting principles, such as compactness, contiguity and respect for communities of interest, while avoiding race being the sole or overriding factor.
This balancing act is particularly difficult in Louisiana, where 80% of Black voters lean Democrat, according to Pew Research, making it challenging to separate race from political considerations.
Supreme Court Justice Brett Kavanaugh described the law as “notoriously unclear and confusing” and Justice Samuel Alito called it a “legal obstacle course.”
“Our brief urges the Supreme Court to uphold SB8 and provide clarity to states that, like Louisiana, are forced into endless litigation every time a new census requires redistricting,” Murrill said in a statement.
The state contends the plaintiffs, self-identified as “non-African American voters” in District 6, failed to show personal harm from the alleged racial gerrymandering. The brief argues the plaintiffs presented no evidence at trial, such as political affiliations or specific injuries, to prove they were personally affected.
Louisiana also challenges prior rulings suggesting residency in a district automatically grants standing, calling such assumptions outdated and reliant on stereotypes. The state maintains race was not the Legislature’s predominant factor in drawing the maps and seeks clarity on redistricting standards.
The case stems from Louisiana’s response to the 2020 Census, which triggered the decennial redistricting process. In early 2022, after conducting a statewide “roadshow” to solicit public input, the Legislature passed House Bill 1, a congressional map that maintained a single majority-Black district out of six.
The map faced immediate backlash, with then-Gov. John Bel Edwards vetoing the legislation, citing violations of the Voting Rights Act and advocating for two majority-Black districts.
The Legislature overrode the governor’s veto, bringing the map into law. Lawsuits were filed that very day, with plaintiffs arguing that the map diluted Black voting power by failing to create a second majority-Black district, despite the 2020 census showing Blacks made up one-third of the state population.
In June 2022, the U.S. District Court for the Middle District of Louisiana ruled that HB1 likely violated the Voting Rights Act, issuing an injunction and ordering the Legislature to adopt a new map. The 5th U.S. Circuit Court of Appeals later upheld this finding but granted the state additional time to revise its maps.
Amid political and racial tensions, Gov. Jeff Landry convened a special session early this year, urging legislators to pass a map compliant with federal law to avoid court intervention.
“Take the pen out of the hand of a nonelected judge and place it in your hands. In the hands of the people. It’s really that simple,” Landry said.
Lawmakers ultimately passed SB8, a map designed to protect incumbents, including prominent Republican leaders like House Speaker Mike Johnson and Rep. Julia Letlow.