The Voting Rights Act is not dead yet and here is why
Curiosity
Download the Curiosity App for discussion, debates and more for free.

The Supreme Court handed down one of the most consequential rulings in a generation two weeks ago, and most people are still processing the wreckage.

What the court actually did and why it is worse than you think

On April 29, Louisiana v. Callais came down 6 to 3, split cleanly along ideological lines. Justice Samuel Alito wrote for the majority, striking down Louisiana's congressional map that had created two majority-Black districts. The map had been drawn in 2024 specifically because two lower courts found the earlier map violated the Voting Rights Act.

I want to be direct about what this ruling does: it is a stealth demolition of Section 2 of the Voting Rights Act. The majority claims it is not overruling prior precedent. That is dishonest. As legal scholars have noted, the court completely rewrote the framework prior cases had established for interpreting the VRA, while pretending it was just a technical adjustment.

The new standard Alito imposed requires plaintiffs to prove a "strong inference" of intentional discrimination when challenging a map. That is an almost impossible bar. States can now draw maps that dilute Black voting power and simply claim they were doing it for partisan reasons, not racial ones. The court blessed that escape hatch in 2019 with Rucho v. Common Cause, and Callais just handed states the keys to use it freely.

Protesters holding signs outside the U.S. Supreme Court building, representing the civil rights mobilization following the Callais ruling.

The chaos that followed was not an accident

What happened next is the part that should make every voter furious.

Louisiana Governor Jeff Landry suspended the state's May 16 primary election the day after the ruling, declaring an emergency so the legislature could redraw the map. This happened even though more than 100,000 Louisiana voters had already cast early ballots and 42,000 had submitted absentee ballots before the suspension.

The Supreme Court then bypassed its own standard 32-day waiting period to immediately finalize the ruling, giving Louisiana the green light to proceed. Justice Ketanji Brown Jackson dissented sharply, warning that the court's actions had "a strong political undercurrent." She was right. Within days, Alabama followed Louisiana's lead. Then Tennessee moved to eliminate its only majority-Black district centered in Memphis.

Today's decision renders Section 2 all but a dead letter.

Justice Elena Kagan, dissenting in Louisiana v. Callais

I remember watching the Allen v. Milligan decision come down in 2023 and thinking the court had finally held the line. That optimism looks naive now. Callais effectively reversed Allen while Alito insisted in writing that it did not. That is not legal reasoning. That is gaslighting.

The counterargument exists and it is still wrong

Some conservatives argue the ruling is actually race-neutral progress. The logic goes: drawing districts based on race is itself discriminatory, so a colorblind map is the fair outcome.

I do not buy that argument for a second. Colorblindness applied to a system built on centuries of racial exclusion is not neutrality. It is a choice to preserve the advantage. Louisiana is roughly one-third Black. Before the 2024 map, Black voters had one of six congressional seats. The court-ordered remedy gave them two. That is not racial favoritism. That is proportional representation.

The ruling also exposed a glaring double standard. Partisan gerrymandering is legal at the federal level, but racial gerrymandering is not. So states can now draw maps to crush Democratic voters, and as long as they call it partisan rather than racial, the court will look the other way. The practical effect on Black communities is identical. The legal cover is just cleaner.

Where the real fight is happening right now

Here is the part of this story that actually gives me hope.

The NAACP, Black Voters Matter, and the Leadership Conference on Civil and Human Rights launched a coordinated Southern mobilization within days of the ruling. Rallies, voter registration drives, and legal challenges are already underway across Missouri, Alabama, Mississippi, and Louisiana. A John Lewis Weekend of Action is planned for July 17 to 19.

State-level Voting Rights Acts are now the most important legal battleground in the country. Virginia became the first Southern state to pass its own VRA back in 2021, and advocates say that law is now more critical than ever. Maryland enacted a state-level voting rights law just last week. Florida voters amended their constitution in 2010 to ban partisan gerrymandering, and Campaign Legal Center has already filed suit in Florida to block the new ultra-gerrymandered map.

Right-wing groups are already trying to use Callais to attack state VRAs too. A lawsuit was filed against Illinois' state Voting Rights Act within days of the ruling, making it the first major post-Callais attack on a state-level protection. This is the next front. The court opened a door and the same litigants who brought Callais are already walking through it.

The good news is that movements do not wait for courts

I think the most honest thing I can say is this: the Supreme Court is not the end of the story. It never has been.

The original Voting Rights Act of 1965 did not come from a court. It came from people who marched across the Edmund Pettus Bridge and forced Congress to act. Only 7% of Americans say gerrymandering should be allowed, yet Congress has failed repeatedly to stop it. That gap between public opinion and legislative action is where organizing lives.

The Callais ruling is genuinely bad law and a genuine setback. I will not sugarcoat that. But the response from civil rights organizations has been faster and more coordinated than anything I have seen since 2013's Shelby County decision. The 2026 midterms are now a direct referendum on whether voters will punish the politicians who cheered this ruling.

Courts do not have the final word, people do.

Joseph Bryant, Executive Vice President, SEIU

Would you trust a court that suspended an ongoing election, ignored 100,000 already-cast ballots, and bypassed its own procedural rules to hand one party a political advantage? Because that is exactly what happened in Louisiana in May 2026. The question now is whether the people who were just disenfranchised will show up in November with enough force to make the architects of this ruling regret it.