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Today: March 26, 2025
Today: March 26, 2025

Wolf asks Ret. Justice Breyer whether the U.S. is headed for a Constitutional Crisis

March 24, 2025
John Fritze - CNN

(CNN) โ€” The Supreme Court grappled Monday with a years-old, messy legal battle over Louisianaโ€™s congressional districts during an oral argument in which several of the courtโ€™s conservatives questioned whether the state had violated the Constitution because of its focus on race.

Several of those justices signaled they are prepared to further weaken the influence the landmark Voting Right Act has on redistricting, although it wasnโ€™t clear if there was a majority to do so in Louisianaโ€™s case. Thatโ€™s partly because lower courts had guided the state toward redrawing its lines with race in mind.

โ€œWeโ€™re in the business of complying with federal court decisions,โ€ said Benjamin Aguiรฑaga, the stateโ€™s solicitor general. โ€œAnd when they told us that we needed to draw a second majority Black district, thatโ€™s what we did.โ€

Wolf asks Ret. Justice Breyer whether the U.S. is headed for a Constitutional Crisis
Wolf asks Ret. Justice Breyer whether the U.S. is headed for a Constitutional Crisis

The case could have nationwide implications for how much state lawmakers may think about race when drawing congressional districts. And given the GOPโ€™s narrow majority, the high courtโ€™s decision could ultimately be a factor that helps decide control of the House of Representatives after the 2026 election.

Louisiana has argued that it was caught between a rock and a hard place. At first, a federal court ruled that the state had likely violated the Voting Rights Act by drawing only one majority Black district out of six. When the state sought to comply with that decision by drawing a second majority Black district, a group of self-described โ€œnon-African American votersโ€ sued in 2024, alleging the state violated the Constitution by relying too much on race to meet the first courtโ€™s demands.

Though the case dealt with vastly different legal and practical concerns, the session at times seemed to echo a battle playing out between the federal judiciary and President Donald Trumpโ€™s administration. Even as Trump has vowed to follow adverse court orders, several of his aides have flirted with defying them.

โ€œIโ€™m sort of concerned about your viewโ€ฆthat a court order compelling you to do something is not a good reason for you to do it,โ€ Justice Ketanji Brown Jackson, a member of the courtโ€™s liberal wing, told the attorney for the plaintiffs.

Edward Greim, the attorney representing the โ€œnon-African Americanโ€ voters who challenged the map, stressed that Louisiana was not under a direct court order to draw a new map. The state had other options, including continuing to litigate the case.

Part of whatโ€™s at issue in the case for the Supreme Court is whether race โ€œpredominatedโ€ among its considerations in drawing new districts. State officials have said that politics was more at play than race โ€“ and specifically a desire to retain incumbents, including House Speaker Mike Johnson.

The case, Louisiana v. Callais, tees up a series of important questions that deal with race and redistricting. The Voting Rights Act of 1965 requires that states do not dilute the power of minority voters, a response to decades of post-Civil War efforts โ€“ particularly in the South โ€“ to limit the political power of African Americans.

And yet the 14th Amendmentโ€™s Equal Protection Clause demands that a state cannot draw a map based on race.

Because of that inherent tension, the Supreme Court has tended to give some โ€œbreathing roomโ€ to states in drawing their maps. The central question of the case is exactly how much room state lawmakers should have.

Louisiana officials have suggested that the Supreme Court might want to use the case to take federal courts out of the business of deciding racial gerrymanders altogether, just as it withdrew from fights over political gerrymanders in a 2019 decision. But a group of Black plaintiffs that challenged the stateโ€™s original map are, understandably, opposed to that idea because it would severely limit their ability to challenge future discriminatory maps.

The Supreme Court has, in recent years, slowly chipped away at the power of the Voting Rights Act. But in a stunning decision in 2023, the court appeared to bolster a key provision of the VRA by ordering Alabama to redraw its map to allow for an additional Black majority district. Chief Justice John Roberts, a conservative, penned the opinion for a 5-4 majority, siding with the courtโ€™s three liberals. Another conservative, Justice Brett Kavanaugh, agreed with the key parts of the holding.

The new district at issue in the case slashes diagonally for some 250 miles from Shreveport in the northwest of the state to Baton Rouge in the southeast to create a district where Black residents make up some 54% of voters โ€“ up from about 24% under the old lines.

The โ€œnon-African Americanโ€ voters slammed the district as a โ€œsinuous and jagged second majority Black districtโ€ that they told the Supreme Court is โ€œbased on racial stereotypes, racially โ€˜balkanizingโ€™ a 250-mile swath of Louisiana.โ€

Although Black residents make up roughly a third of Louisianaโ€™s population, the state had just one Black lawmaker in its six-member US House delegation prior to the initial court ruling that led to a second Black-majority district.

Rep. Cleo Fields, a Democrat, won the seat in last yearโ€™s election โ€“ adding a second Democrat to the stateโ€™s delegation. In raw political terms, the Supreme Courtโ€™s decision could leave Fields in power โ€“ or it could force a redrawing of the maps before the 2026 election.

The Biden administration submitted a brief to the Supreme Court that technically supported neither party but that urged the justices to reverse a special three-judge district court that would throw out the current map. Days after taking office, the Trump administration submitted a letter declaring that it had โ€œreconsidered the governmentโ€™s positionโ€ and that the earlier brief โ€œno longer represents the position of the United States.โ€

CNNโ€™s Tierney Sneed and Fredreka Schouten contributed to this report.

The-CNN-Wire
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