SCOTUS appears skeptical of maintaining race-based districts

The Supreme Court on Wednesday appeared hesitant to maintain racially drawn congressional districts during oral arguments in a Louisiana redistricting case.

At issue is Section 2 of the Voting Rights Act of 1965, which bars racial discrimination in balloting. The Louisiana case addresses a prior court order requiring that the legislature draft a second black-majority district.

During oral arguments, Associate Justice Neil Gorsuch appeared skeptical of allowing states to explicitly use race as a criteria for drawing such districts.

"Do [states] have the breathing room to intentionally discriminate on the basis of race?" he asked. To which counsel replied "[t]]hey have breathing room to use race to remedy their own discrimination."

Associate Justice Clarence Thomas, for his part, pointedly asked "[w]ould the maps that Louisiana have currently be used if they were NOT forced to consider race?" Louisiana's solicitor general insisted the state would not have passed its current maps, but for the court order.

Should the court abolish racially drawn districts, Republicans are expected to act quickly to eliminate them and the shift could see the GOP gain nearly 20 seats in the 2026 midterms.

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.