Whether Louisiana Violated Voting Rights Act by Using Race to Draw S.B. 8 District Map

Louisiana v. Phillip Callais, et al.

24-109docketfromUnited States District Court for the Western District of Louisiana

Granted

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Argued

Mar 24, 2025

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Decided

Apr 29, 2026

Current status: Decided

What the Court agreed to answer

Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8? 2. Did the majority err in finding that S.B. 8 fails strict scrutiny? 3. Did the majority err in subjecting S.B. 8 to the Gingles preconditions? 4. Is this action non-justiciable?

Over the State's strenuous objections, the Middle District of Louisiana held, Robinson v. Ardoin, 605 F. Supp. 3d 759 (M.D. La. 2022)-and the Fifth Circuit affirmed, Robinson v. Ardoin, 86 F.4th 574 (5th Cir. 2023)-that Louisiana likely violated Section 2 of the Voting Rights Act (VRA) by failing to create a second majority-Black congressional district. The Fifth Circuit gave the Legislature a small window of time to adopt its own remedial plan, or else the State would have to go to trial, which would almost certainly end in the Middle District imposing its own preferred map. Rather than acquiesce in the Middle District's preferences, the Legislature reclaimed its sovereign redistricting pen and passed S.B. 8, which created a second majority-Black district as the courts demanded, protected the Legislature's sovereign prerogatives, and achieved its political goals. In this case, a majority of a three-judge court sitting in the Western District of Louisiana enjoined S.B. 8 as an unconstitutional racial gerrymander. The questions presented are: 1. Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8? 2. Did the majority err in finding that S.B. 8 fails strict scrutiny? 3. Did the majority err in subjecting S.B. 8 to the Gingles preconditions? 4. Is this action non-justiciable? CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-110. THESE CASES ARE RESTORED TO THE CALENDAR FOR REARGUMENT. IN DUE COURSE, THE COURT WILL ISSUE AN ORDER SCHEDULING ARGUMENT AND SPECIFYING ANY ADDITIONAL QUESTIONS TO BE ADDRESSED IN SUPPLEMENTAL BRIEFING. Order of August 1, 2025: THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTION RAISED ON PAGES 36—38 OF THE BRIEF FOR APPELLEES: WHETHER THE STATE’S INTENTIONAL CREATION OF A SECOND MAJORITY-MINORITY CONGRESSIONAL DISTRICT VIOLATES THE FOURTEENTH OR FIFTEENTH AMENDMENTS TO THE U. S. CONSTITUTION. JURISDICTION NOTED 11/4/2024

Whether Louisiana Violated Voting Rights Act by Using Race to Draw S.B. 8 District Map

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Whether Louisiana Violated Voting Rights Act by Using Race to Draw S.B. 8 District Map

Court holds Louisiana’s S.B. 8 racially unconstitutional; no VRA duty to add majority‑minority district

Court holds Louisiana’s S.B. 8 racially unconstitutional; no VRA duty to add majority‑minority district