Post

HAPPENING SOON: SCOTUS will hear arguments in a case that could end one of the last safeguards against racial gerrymanders, and lock in GOP control of the U.S. House for generations to come. We’ll be providing real-time court updates at the blog below👇

📲And to our social media connoisseurs: we’ll be live-skeeting here! Turn on Democracy Docket’s notifications, or check back in to ensure you don’t miss any updates on this critical case.

9:50 AM ET: Democracy Docket is on the ground at the Supreme Court this morning, where they’re covering a rally hosted by LDF, ACLU and ACLU of LA. Hundreds have turned out, and the energy is very lively.

10:00 AM ET: We’re minutes away from oral arguments kicking off. Democracy Docket’s Managing Editor Zachary Roth says, “Callais presents a huge threat to minority voting power, and that matters regardless of partisanship. But it also presents a huge threat...to any notion of fair elections.”

10:10 AM ET: Thomas opens questioning of Janai Nelson, the lawyer defending the map. The new map was drawn after a court ruled LA's old map would likely violate the VRA in a PI hearing. Thomas suggests he might just rule that the map can't be redrawn on a PI and ignore the question here entirely.

10:20 AM ET: Counsel for Black voters argue that Section 2 is necessary to remedy racial discrimination. They point out that the Robinson record already proved ongoing racial discrimination and vote dilution in LA, including extreme racially polarized voting in recent elections.

10:25 AM ET: Several Justices questioned counsel for Black voters about LA's argument that its redistricting choices were based on protecting incumbents and partisan advantage. Counsel for Black voters cautioned that accepting this rationale "would swallow Section 2 whole."

10:26 AM ET: Kavanaugh states that SCOTUS has required durational limits of the use of race, and asks what the time limit is for the end of the framework for the use of race in Section 2. Barrett echos the question.

This means the three potential "swing" justices start with skeptical questions. To prevail, proponents of the VRA test need two out of three to agree.

10:33 AM ET: Black voters say that if LA relied on race more than necessary, the flaw lies with the specific map — not with Section 2 itself. Counsel for Black voters argue the remedy would be to redraw the map, not to upend decades of Section 2 jurisprudence.

10:35 AM ET: Alito questioned counsel for Black voters about the Gingles factors developed by the court. Prof. @rickhasen.bsky.social of UCLA Law previously suggested that Alito might do what he did in 2021 Brnovich v. DNC, and write a convoluted opinion that narrows Section 2 into oblivion.

10:41 AM ET: Counsel for Black voters reject Section 2's comparison to affirmative action in college admissions, emphasizing that Section 2 permits race-conscious redistricting only when necessary to remedy specific, proven instances of racial discrimination.