UPREME COURT OF THE UNITED STATES — The U.S. Supreme Court held oral arguments in a pair of high stakes redistricting cases that could significantly reshape American electoral politics.
Known as Louisiana v. Callais and Robinson v. Callais, the matter focuses on a dispute over the use of race in Louisiana’s congressional map. While the state’s initial map included a single black-majority district, a lawsuit and subsequent legal battle led lawmakers to redraw the map to include a second black-majority district, producing another legal battle that centered on the state’s allegedly unlawful use of race when creating the new map.
During oral arguments, the justices probed parties on the facts of the respective cases and the longstanding judicial conflict over provisions of the Voting Rights Act (Section 2) and 14th Amendment (equal protection clause). Here are some of the biggest moments from the hearing.
Jackson Said What About the Disabled?
Associate Justice Ketanji Brown Jackson has never been one to shy away from making ill-advised statements, whether they be in interviews or opinions. So, it wasn’t surprising when the Biden appointee suggested race be considered by states in redistricting because black Americans are systemically “disabled” and don’t have legitimate access to the elections process.
“Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities, and so it was discriminatory in effect because these folks were not able to access these buildings,” Jackson said, effectively arguing that it doesn’t matter whether such discrimination is intentional or not.
“I guess I don’t understand why that’s not what’s happening here. … We are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it so that they don’t have equal access to the voting system, right? They’re disabled … We say that’s a way in which you see that these processes are not equally open.”
Thomas Asks a Simple (Yet Meaningful) Question
As the longest serving member of the current court, Associate Justice Clarence Thomas has often served as a critical voice of reason in many matters that come before the highest bench in the land. One of the ways he does this is through simple, yet meaningful, questions to parties in oral arguments.
While questioning Louisiana Solicitor General Ben Aguiñaga, Thomas asked “what role” the federal district court’s block on the state’s initial map “play[ed] in development of” the new map that included a second black-majority district. The state solicitor general disclosed that the court’s order is the “only reason” Louisiana drew a new map.
“Justice Thomas, [that court decision] is the only reason [this new map] exists,” Aguiñaga said. “We fought tooth and nail in the Robinson litigation itself in telling the courts that we did not think the Constitution permitted us to draw a second majority-black district. As you know, under protest, we drew [the new map] because the threat was that the federal courts would do it if we didn’t.”
“We would never pass [the new map] in the first instance without Robinson, Justice Thomas,” he added.
DOJ Official Silences Sotomayor
Arguing on the side of Louisiana, Principal Deputy Solicitor General Hashim Mooppan got into a testy exchange with Associate Justice Sonia Sotomayor over the Pelican State’s creation of a second-black majority district.
In debating the racial and political motivations behind the creation of maps like Louisiana’s, Mooppan noted the racial double standard that exists where if the block of voters in question were white, there wouldn’t be a debate about whether there should be an additional district tailored to their community.
“If these were white Democrats, there’s no reason to think they would have a second district. None,” Mooppan said. “And so what is happening here is their argument is, because these Democrats happen to be black, they get a second district. If they were all white, we all agree they wouldn’t get a second district. That is literally the definition of race subordinating traditional principles.”
Hellbound and Down 