Gerrymandering/Redistricting

In a Voting Rights Act case, Allen v. Milligan, a 5-4 majority of the court upheld that Alabama lawmakers may be required to draw a second congressional district where Black voters could elect candidates of their choice before the 2024 election. Kathay Feng, vice president of programs at Common Cause, said the case has massive consequences for minority voters nationwide. “Even though people have been very worried about the Supreme Court upending precedent in high-profile cases, in Allen v. Milligan, where the court said the Voting Rights Act still serves an important function in protecting minority voting rights, the court chose to affirm, and that is a very big deal,” Feng said. Feng noted that was one of several major cases in which conservative justices bucked colleagues such as Clarence Thomas and Samuel A. Alito Jr. to rule alongside the Democratic appointees. She said those “shifting sands” could be important in major cases going forward, including where the court will hear a dispute over South Carolina’s congressional map next term. “I think we should be watching very closely to see a potential realignment, some common cause between some unusual partners on the court,” Feng said.

The state of the republic is precarious. But I am hopeful that democracy will prevail because it is resilient. We the people have faced serious threats in the past, including even the Civil War, and we have overcome them. We must continue to pass laws to strengthen our democracy in many states. In other states, we will not back down from defeating a new generation of Jim Crow laws crafted to keep targeted communities from the polls.

“We beat back the most serious legal threat our democracy has ever faced today,” said Kathay Feng of Common Cause, whose lawsuit challenging congressional districts drawn by North Carolina’s Republican-controlled legislature triggered the case.

“As we argued to the Supreme Court, the independent state legislature theory was contrary to precedent and would have called into question hundreds of state constitutional provisions and decisions,” said former Acting US Solicitor General Neal Katyal, who represented Common Cause, one of the voting rights groups that challenged the Republican-drawn map. “Today’s ruling affirms the crucial role state courts play in overseeing federal elections.”

“This is a historic victory for the people of North Carolina and for American democracy. Today, the US supreme court made clear that state courts and state constitutions should serve as a critical check against abuses of power by legislators. Now, we must ensure our state courts fulfill their duty to protect our freedoms against attacks by extremist politicians,” Bob Phillips, the executive director of Common Cause North Carolina, one of the challengers in the suit, said in a statement.

The U.S. Supreme Court handed voters a major victory today with their ruling that state courts can review — and rectify — election-related rules and voting maps passed by state legislatures.