Supreme Court clears path for partisan gerrymandering, limiting racial protections

Potential disenfranchisement of Black voters through diluted voting power and reduced representation in Congress.
The real issue is whether a person who looks like me will serve in Congress.
Congressman Cleo Fields on what the Supreme Court's ruling means for Black representation.

Six decades after the Voting Rights Act was signed in blood and struggle, the Supreme Court has ruled that race may no longer guide the drawing of Congressional districts — even as partisan manipulation of those same maps remains lawful. The 6-3 decision in Louisiana v. Callais has set off an immediate rush among Republican-controlled states to redraw electoral boundaries before the 2026 elections, raising profound questions about who will hold power and who will be heard. At its heart, this moment asks an old American question anew: whether the promise of equal representation is a living commitment or a historical artifact.

  • A 6-3 Supreme Court ruling has effectively dismantled a cornerstone of the Voting Rights Act, declaring race-conscious redistricting unconstitutional while leaving partisan gerrymandering untouched.
  • Republican-controlled states are moving with urgency — Tennessee's governor has already signed a redrawn map into law amid protests warning it will dilute Black voting power ahead of 2026.
  • Black lawmakers and constitutional scholars are sounding alarms, with Congressman Cleo Fields framing the stakes plainly: whether someone who looks like him will ever again have the opportunity to serve in Congress.
  • Conservative defenders of the ruling argue it eliminates racial discrimination in mapmaking, with one suggesting Black candidates simply join the Republican Party if they want representation.
  • The decision is landing as a potential turning point in American electoral history, with historians already warning that the record being made now will face the judgment of time.

Sixty-one years after President Lyndon Johnson signed the Voting Rights Act into law, the Supreme Court has struck at one of its foundations. In a 6-3 ruling in Louisiana v. Callais, the Court held that Congressional districts can no longer be drawn with race as a primary consideration — yet partisan gerrymandering, the Court affirmed, remains entirely permissible as part of what it called the "hurly-burly of politics."

The Voting Rights Act was not born easily. Historian Martha Jones traces a long arc of broken promises: the 15th Amendment's guarantee of Black male suffrage in 1870, the 19th Amendment extending voting rights to women in 1920, and still decades of law, intimidation, and violence keeping Black Americans from the polls. "Lives were lost, lives were threatened, communities were under siege," Jones said. When Johnson finally signed the Act in 1965, it represented a turning point purchased at enormous cost.

Justice Samuel Alito's majority opinion frames race-conscious redistricting as itself a form of unconstitutional discrimination. Conservative lawyer Hans von Spakovsky defended the ruling on those grounds, dismissing concerns from Black Americans who view the Act as a shield for representation. When pressed on what happens if fewer Black members reach Congress as a result, von Spakovsky offered a pointed answer: Black candidates should affiliate with the Republican Party.

The consequences are already materializing. Tennessee's Republican governor signed a redrawn map into law this week over protests warning it will weaken Black voting power. Congressman Cleo Fields of Louisiana, whose own district faces redrawing, put the stakes simply: "The real issue is whether or not a person who looks like me will have the opportunity to serve in Congress."

Democratic lawmakers see the ruling as something more corrosive. Congressman Jamie Raskin, a constitutional law professor, called it "the complete collapse of the Roberts Court into partisan political activity," arguing the Court has effectively normalized majority-white districts while treating majority-Black or majority-Hispanic ones as suspect. Historian Jones, for her part, counseled patience alongside vigilance: "History will be the judge," she said. "Part of what we're doing in this moment is making a record." What that record ultimately means for Black representation in Congress will become clearer as states rush to redraw their maps before 2026.

Sixty-one years after President Lyndon Johnson signed the Voting Rights Act, the Supreme Court has dismantled one of its central protections. In a 6-3 decision handed down last month in Louisiana v. Callais, the Court ruled that Congressional districts can no longer be drawn with race as a primary consideration—but partisan gerrymandering remains entirely permissible. The ruling has triggered a scramble among Republican-controlled states to redraw their maps before the 2026 elections, with immediate consequences for Black representation in Congress.

The Voting Rights Act emerged from decades of struggle. Martha Jones, a historian at Johns Hopkins University, traces the arc: slavery abolished in 1865, the 15th Amendment promising Black men the right to vote in 1870, the 19th Amendment extending voting rights to women in 1920—and still, Black Americans were blocked from the polls through law, intimidation, and violence. "Lives were lost, lives were threatened, communities were under siege," Jones said. "And there is a lot of blood in that story." When Johnson finally signed the Act in 1965, it represented a turning point, though one purchased at enormous cost.

Now that protection has been reversed. Justice Samuel Alito's majority opinion argues that race-conscious redistricting is unnecessary and unconstitutional, while partisan considerations in mapmaking are simply part of what the Court calls "the hurly-burly of politics." Hans von Spakovsky, a conservative lawyer and former Bush appointee to the Federal Election Commission, defended the decision as a rejection of racial discrimination. When asked about Black Americans who view the Voting Rights Act as a shield for representation rather than an instrument of discrimination, von Spakovsky dismissed their concern: "I think they're taking the wrong view of that." He noted that partisan gerrymandering has existed since the early 1800s and will never be entirely eliminated.

The practical effect is already visible. Tennessee's Republican governor signed a new redistricting map into law this week amid protests and outrage, with critics warning it will weaken Black voting power in the state. Congressman Cleo Fields of Louisiana, a Democrat whose own district will be affected, understood the stakes immediately. "The real issue is whether or not a person who looks like me will have the opportunity to serve in Congress," he said. "And that's what that fight has always been about." When asked what happens if the ruling results in fewer Black members of Congress, von Spakovsky suggested the answer was simple: Black candidates should affiliate with the Republican Party.

Democratic lawmakers see something darker in the decision. Congressman Jamie Raskin, a constitutional law professor and ranking member of the House Judiciary Committee, called it "the complete collapse of the Roberts Court into partisan political activity." He argued the Court has essentially declared it unconstitutional to deliberately create majority-Black or majority-Hispanic districts while treating majority-white districts as the norm. "There's no other way of explaining these decisions that are not rooted in the text of the Constitution," Raskin said, suggesting the Court is rushing to reshape the electoral map before the 2026 elections.

Historian Martha Jones offered a longer view. "As a historian, my counsel to judges is that history will be the judge," she said. "Part of what we're doing in this moment is making a record." The Supreme Court's decision, she suggested, will be remembered as a watershed moment in America's reckoning with race and democracy—though what it ultimately means will only become clear with time. For now, Republican-controlled states are moving quickly to redraw their maps, and the question of who will represent Black Americans in Congress hangs in the balance.

The real issue is whether or not a person who looks like me will have the opportunity to serve in Congress, and that's what that fight has always been about.
— Congressman Cleo Fields (D-Louisiana)
This decision represents the complete collapse of the Roberts Court into partisan political activity.
— Congressman Jamie Raskin (D-Maryland)
A Conversa do Hearth Outra perspectiva sobre a história
Inventor

Why does it matter whether districts are drawn for racial reasons versus partisan ones? Aren't both forms of manipulation?

Model

The distinction cuts to the heart of what the Voting Rights Act was designed to protect. Racial gerrymandering was used to dilute Black voting power—to spread Black voters thin across many districts so they couldn't form a majority anywhere. Race-conscious redistricting, by contrast, was meant to repair that harm by ensuring Black voters could actually elect candidates of their choice. Partisan gerrymandering is different in kind, even if it's also unfair.

Inventor

But the Court is saying partisan gerrymandering is just normal politics. Is that defensible?

Model

That's the argument conservatives make—that it's been happening since the 1800s, that it's part of how the system works. But the Voting Rights Act was supposed to be a floor, a protection against the specific history of racial exclusion. What the Court has done is say that protecting against racial harm is unconstitutional, while allowing partisan harm is fine. It's a choice, not an inevitability.

Inventor

What does this mean for someone like Congressman Fields, who represents a district that will be redrawn?

Model

It means his seat is in jeopardy. If his district is redrawn to dilute Black voters, he may not be able to win reelection. And if that happens across multiple states, you could see a significant drop in Black representation in Congress—not because Black voters stopped voting, but because the maps were changed to make their votes count for less.

Inventor

Is there any way to undo this?

Model

Congress could pass new legislation, but that would require overcoming a Republican majority in the House and likely a filibuster in the Senate. Or the Court could reverse itself, but that would require a change in the majority. For now, the immediate consequence is that states are rushing to redraw maps before the elections, and the damage will be done before there's time to respond.

Inventor

So this is about 2026?

Model

It's about 2026 and beyond. The maps drawn now will shape representation for the next decade. The Court's decision hands Republicans a tool to entrench their power, and they're using it immediately.

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