HomeCrimeJackson concurs in SCOTUS Louisiana gerrymandering ruling

Jackson concurs in SCOTUS Louisiana gerrymandering ruling

Supreme Court nominee Judge Ketanji Brown Jackson issued a brief statement on the justices’ decision to leave a lower appellate ruling in place in a major voting rights case. (AP Photo/Carolyn Kaster)

U.S. Supreme Court Justice Ketanji Brown Jackson sided with Justice Samuel Alito in a shadow-docket ruling that left in place a conservative appeals court ruling on a voting rights case Thursday — but not without making her take on race-based gerrymandering clear.

The case of Galmon v. Ardoin has traveled up and down the federal court system since 2022, when a group of Black voters and nonprofit organizations in Louisiana sued to challenge the state’s new congressional map for illegally diluting the voting strength of Black residents. The districting map was passed only after the Republican legislature overrode Democratic Gov. John Bel Edwards’ March 2022 veto.

Section 2 of the Voting Rights Act (VRA) prohibits voting practices or procedures that discriminate against people on the basis of race and the plaintiffs in the lawsuit noted that while one-third of Louisiana’s residents are Black, only one of the state’s six congressional districts has a Black voting majority. Louisiana’s Republican legislative leaders as well as its state attorney general joined the lawsuit to defend the newly-adopted map.

The district court blocked Louisiana from using its congressional map in June 2022, then ordered the legislature to create a new map with a second majority-Black district within 14 days. The case was volleyed between the U.S. Court of Appeals for the Fifth Circuit — one of the nation’s most conservative appeals courts — and the U.S. Supreme Court several times.

Ultimately, the justices ruled 6-3 in June 2023 to block Louisiana’s gerrymandered map, thereby forcing the state to add a second majority-Black district.

The district court then scheduled a hearing for early October 2023 for the purpose of creating a new map. However, Louisiana appealed to the Fifth Circuit, arguing that the legislature should have been given a chance to comply with the lower court’s ruling on its own; the Fifth Circuit agreed and ordered the district court, via a writ of mandamus, to cancel its hearing.

In the Fifth Circuit’s 2-1 ruling, Ronald Reagan appointee U.S. Circuit Judge Edith Jones reasoned:

The district court did not follow the law of the Supreme Court or this court. Its action in rushing redistricting via a court-ordered map is a clear abuse of discretion for which there is no alternative means of appeal.

The map’s challengers returned to the justices in September to request an emergency ruling that the Fifth Circuit’s writ of mandamus be put on hold and arguing that the appellate court’s use of such an order had been “flagrantly inappropriate.”

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