Supreme Court May Shift Stance on Race-Based Redistricting

Alan Dershowitz, a Harvard Law Professor Emeritus, discussed on Newsmax that the Supreme Court might be leaning toward reducing the emphasis on race in redistricting. He shared his insights during an appearance on “On the Record with Greta Van Susteren,” where he reflected on the court’s recent deliberations regarding the Voting Rights Act and its implications for minority representation in districting.

Dershowitz suggested that the court seems inclined to adopt similar principles used in affirmative action cases when evaluating voting districts. He noted, “Creating districts either helps or hurts black voters, or it helps or hurts white voters. There is no neutral principle.” He expressed his prediction that current district designs may struggle to withstand scrutiny from the Supreme Court.

He cited Justice Felix Frankfurter’s caution from the 1940s, emphasizing that the judiciary should avoid the “political thicket” that comes with gerrymandering. “There is no neutral answer to this,” he remarked, echoing concerns about the complexities involved in racial gerrymandering.

Dershowitz pointed out that four justices will likely play a critical role in deciding the case. He mentioned, “There will be much less sympathy for creating a legislative field that guarantees Black seats in Congress.” This implies a potential shift away from affirmative action-like principles in legislative redistricting.

During the oral arguments for Louisiana v. Curry, the Supreme Court hinted at possibly ending race-based congressional districting. Justice Brett Kavanaugh questioned civil rights advocates about the appropriate timeline for race-based relief, stating that while such measures might be acceptable for a time, they should not be indefinite.

Black voters criticized Louisiana’s 2022 congressional map for including only one majority-Black district. Following this, a court mandated a redesign after concerns of unconstitutional racial gerrymandering arose when a new map was scheduled for January 2024 to create a second predominantly Black district.

Louisiana v. Calais was revisited by the Supreme Court after initial consideration in a previous term to explore whether intentionally establishing a second majority-minority district is constitutional. Liberal justices, along with civil rights advocates, have warned that restricting Section 2 of the Voting Rights Act could undermine hard-won minority representation.