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A Supreme Court redistricting ruling gave hope to Black voters. They’re still waiting for new maps

September 17, 2023
in Black Media
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WASHINGTON (AP) — The Supreme Courtroom’s determination siding with Black voters in an Alabama redistricting case gave Democrats and voting rights activists a shocking alternative earlier than the 2024 elections.

New congressional maps must embody extra districts in Alabama and doubtlessly different states the place Black voters would have a greater likelihood of electing somebody of their alternative, a choice broadly seen as benefiting Democrats.

It’s been greater than three months because the justice’s 5-4 ruling, and maps that might produce extra districts represented by Black lawmakers nonetheless don’t exist.

Alabama Republicans are hoping to get a contemporary listening to on the problem earlier than the Supreme Courtroom. Republican lawmakers in Louisiana by no means even bothered to attract a new map.

Khadidah Stone, a plaintiff within the Alabama case, stated the persevering with opposition was “appalling” however “not shocking.” She famous that Alabama is the place then-Gov. George Wallace blocked Black college students from integrating the College of Alabama in 1963.

“There’s a lengthy historical past there of disobeying court docket orders to disclaim Black individuals our rights,” she stated.

The same dynamic is enjoying out in Florida, the place Republicans are interesting a ruling favorable to Black voters to the Republican-majority state Supreme Courtroom.

Lawsuits over racially gerrymandered congressional maps in a number of different states, together with Georgia, South Carolina and Texas, shortly adopted the Supreme Courtroom’s landmark Voting Rights Act determination in June. However the continued pushback from Republican legislatures in command of redistricting means there’s nice uncertainty about whether or not –- or how quickly -– new maps providing equal illustration for Black voters will likely be drawn.

Whether or not the Republican technique proves to be a defiance of court docket orders that the Supreme Courtroom will shoot down or a deft political transfer will likely be change into clearer over the following month.

Shawn Donahue of the State College of New York at Buffalo, an professional on voting rights and redistricting, stated the Supreme Courtroom may put a fast finish to the delays and “summarily affirm” the choice of a decrease court docket panel that rejected the newest Alabama congressional map. That map continued to supply only one majority Black district out of seven in a state the place Black residents comprise 27% of the inhabitants.

“You could possibly have a few of (the justices) simply sort of say — ‘You realize what, I didn’t agree, however that’s what the ruling was,’” Donahue stated.

The Supreme Courtroom additionally may agree to listen to Alabama’s problem, bringing the state’s redistricting plans again to the court docket lower than a yr after it rendered its opinion within the earlier case.

Republicans need to maintain their map in place because the state continues to struggle the decrease court docket ruling ordering them to create a second district the place Black voters represent a majority or near it. The state contends the Supreme Courtroom set no such treatment and that the brand new map complies with the court docket’s determination by fixing the issues it recognized — equivalent to how the state’s Black Belt area was break up into a number of districts.

“A keep is warranted earlier than voters are sorted into racially gerrymandered districts which can be by their very nature odious,’ the state lawyer common’s workplace wrote in the keep request.

The stakes are excessive. With Republicans holding a slim majority within the U.S. Home, the redistricting instances have the potential to modify management of the chamber subsequent yr.

Shortly after its determination within the Alabama case, the Supreme Courtroom lifted its maintain on an analogous case from Louisiana, elevating hopes amongst Democrats that the state can be pressured to attract one other Black majority congressional district.

However even when the court docket rejects Alabama’s newest plan, it could not essentially convey an immediate finish to the case in Louisiana, the place U.S. District Courtroom Decide Shelly Dick has dominated {that a} second majority-Black district should be drawn.

Dick has three days of hearings scheduled to start Oct. 3. However her preliminary order blocking the 2022 congressional map drawn by Louisiana’s GOP-controlled Legislature — which maintains white majorities in 5 of six districts in a state the place about one-third of voters are Black — stays on attraction. The fifth U.S. Circuit Courtroom of Appeals is to listen to arguments Oct. 6.

Louisiana’s attorneys argue that the Black communities the plaintiffs and the district court docket search to incorporate in a second majority Black district are too far-flung, even beneath the Alabama precedent.

The excessive court docket’s determination within the Alabama case “didn’t current a free move to future plaintiffs to ascertain (Voting Rights Act) legal responsibility with out proving that the related minority inhabitants is itself compact,” Louisiana stated in its argument.

The voting rights advocates suing the state argue that the plans they’ve advised thus far are “on common extra compact” than the plan the state is attempting to protect.

Stuart Naifeh, who’s a plaintiff as a part of the NAACP Authorized Protection and Instructional Fund, stated in Louisiana that the court docket is contemplating the maps drawn by solely the plaintiffs as a result of the Legislature selected not to attract any. Louisiana state Rep. Sam Jenkins Jr., a Democrat, stated he’s optimistic now that the matter is within the courts.

“We had the chance to do the appropriate factor, which might have been truthful for all of the individuals of Louisiana,” he stated. “I’m upset that the court docket nonetheless has to come back in and make our state do what is correct.”

Louisiana’s argument towards a second district has much less advantage than Alabama’s, stated state Sen. Royce Duplessis, a Democrat. Louisiana has only one majority Black congressional district out of six although Black residents account for one-third of the state’s inhabitants. That lone district encompasses each New Orleans and Baton Rouge.

“These are two distinct cities, two distinct areas, two distinct pursuits and desires, and it solely is smart to have these two giant communities to anchor particular person congressional districts,” Duplessis stated. “We have now proven that there’s a multitude of the way to attract a map that has two majority Black districts that meet all the standards for truthful redistricting.”

The same case is enjoying out in Florida, although not in federal court docket.

A state choose dominated earlier this month {that a} redistricting plan pushed by Gov. Ron DeSantis, a GOP presidential contender, must be redrawn as a result of it diminishes the flexibility of Black voters in north Florida to choose a consultant of their alternative.

The state is interesting that ruling, and the case is perhaps fast-tracked to the Florida Supreme Courtroom, the place 5 of the seven justices had been appointed by DeSantis. Each side are requesting a fast decision earlier than the following legislative session in case districts must be redrawn for the 2024 elections.

The brand new map primarily drew Democratic U.S. Rep. Al Lawson, who’s Black, out of workplace by carving up his district and dividing numerous Black voters into conservative districts represented by white Republicans. DeSantis contended the earlier district prolonged 200 miles simply to hyperlink Black communities, violating the constitutional requirements for compactness.

Angie Nixon, a Black state consultant from Jacksonville, was one of many Democratic lawmakers who led a protest towards the DeSantis map. She stated she continues to be hopeful the state’s excessive court docket will finally ship the end result wished by voting rights teams.

Nixon stated teams have been organizing to get extra individuals engaged.

“We’re going to use this as a chance to function a catalyst to get individuals shifting and get individuals out to vote,” she stated.

___

Gomez Licon reported from Miami. Related Press writers Kim Chandler in Montgomery, Alabama, and Kevin McGill in New Orleans contributed to this report.

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