5th Circuit Court Rejects Louisiana’s Redistricting Plan

The 5th Circuit Court of Appeals has turned down Louisiana’s attempt to introduce a new legislative district map, deeming it unconstitutional due to racial gerrymandering.

This concept of racial gerrymandering is tied to the Equal Protection Clause of the 14th Amendment, which argues that drawing district lines based on race can unfairly segregate voters.

The three judges unanimously upheld a prior ruling that found the proposed map weakened the voting power of Black residents, which violates Section 2 of the Voting Rights Act of 1965.

The panel consisted of judges James Dennis, appointed by Bill Clinton, Catharina Haynes, appointed by George W. Bush, and Irma Ramirez, appointed by Joe Biden. They backed a 2024 decision from District Judge Shelly Dick in central Louisiana.

The court noted that the revised map clustered Black voters into just a few districts while splitting up other Black communities across multiple districts, which compromised their ability to vote effectively.

The judges dismissed Louisiana’s argument that changing conditions in the state made race-conscious adjustments unnecessary.

“There’s no legal rationale for this claim, and the state hasn’t demonstrated that conditions have changed,” the court stated.

Although a stay was issued before the ruling was enacted, it seemed largely symbolic, especially since the U.S. Supreme Court is already reviewing the map.

This ruling is a temporary win for the ACLU and the plaintiffs who opposed the state’s map. However, it remains uncertain how long this relief will last.

Earlier this year, the Supreme Court heard arguments in a case titled Louisiana vs. Frey, which examines the legality of state redistricting maps and whether race was improperly considered when creating district boundaries.

During the oral arguments, the focus was on whether Louisiana’s redistricting adhered to constitutional standards and if it used race in a way that breached legal guidelines. The appellant raised concerns regarding this approach.

In June, the Supreme Court announced plans to further explore the matter in the coming fall, indicating additional deliberation was needed before a conclusion could be reached.

This month, the Supreme Court required involved parties to submit additional briefs by mid-September. These documents will address the advantages and disadvantages of Louisiana’s proposed map, particularly regarding whether establishing a second-major Black Congressional district infringes on the 14th or 15th amendments.

The court’s intense scrutiny suggests that the redistricting issue may linger beyond the 2026 midterm elections. This becomes crucial as numerous states are now caught in fierce redistricting skirmishes in the lead-up to next year.

Since the 2020 census, Louisiana has updated its congressional map twice.

The initial version, which included only one majority Black district, was halted by a federal court in 2022. This court sided with the Louisiana State Conference of the NAACP, ruling that the map diluted Black voting power and ordered a redraw by January 2024.

The revised map, designated SB 8, created a second majority Black district but faced immediate legal challenges from non-Black plaintiffs who claimed the map’s design was rooted in racial bias.

In a wider context, Louisiana’s legal disputes mirror a national trend as both Republicans and Democrats fight over redistricting efforts before the upcoming midterms.

Tensions have risen in states like Texas, where Democratic lawmakers left to block a new map, while Governor Greg Abbott convened lawmakers to approve additional Republican districts. In California, Governor Gavin Newsom has introduced a new map that aims to benefit Democrats.

This ongoing redistricting conflict highlights how both parties are escalating their strategies. Republicans seek to maintain their slim majorities, while Democrats aim to gain new advantages. As with many midterm elections following a presidential race, 2026 might serve as a critical referendum on the current administration.

In New York, Governor Kathy Hochul recently indicated readiness to explore “all options” for restructuring the state’s legislative districts.