Louisiana v. Callais and Robinson v. Callais | Case Nos. 24-109 & 24-110 | Decided April 29, 2026 | Docket Link: Here and Here
Overview: The Supreme Court struck down Louisiana's second majority-Black congressional district as an unconstitutional racial gerrymander, overhauled the 40-year-old Gingles framework for vote-dilution claims, and reinterpreted Section 2 to demand a strong inference of intentional discrimination.
Question Presented: Whether Section 2 of the Voting Rights Act required Louisiana to create a second majority-minority congressional district, justifying race-based redistricting under strict scrutiny.
Posture: Three-judge district court struck down SB8; direct appeal to Supreme Court affirmed 6-3.
Holding: Because the Voting Rights Act of 1965, 52 U. S. C. §10301 et seq., did not require Louisiana to create an additional majority-minority district, no compelling interest justified the State’s use of race in creating SB8, and that map is an unconstitutional racial gerrymander.
Result: Affirmed and Remanded.
Voting Breakdown: 6-3. Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.
Link to Opinion: Here.
Majority Reasoning: (1) Section 2's "less opportunity" language entitles minority voters only to whatever chance any voter receives under the State's permissible nonracial criteria — nothing more; (2) The Fifteenth Amendment bars only intentional discrimination, so Section 2 imposes liability only upon a strong inference of intentional discrimination; (3) Updated Gingles preconditions now require plaintiffs' maps to match all State objectives including partisan goals, polarization evidence to control for party affiliation, and totality analysis to focus on present-day intentional discrimination.
Separate Opinions:
Justice Thomas (concurring): Joined the majority in full but argued Section 2 should never apply to redistricting. The statutory terms reach only ballot-access rules, making the Court's 40-year application to districting a "disastrous misadventure."
Justice Kagan (dissenting): Argued the majority converted Section 2 from the effects test Congress adopted in 1982 back into the intent test Congress rejected, calling the new framework "Bolden redux" and predicting severe reductions in minority representation nationwide.
Implications: State legislatures now possess a powerful defense against Section 2 challenges: any map defended on partisan grounds enjoys strong immunity wherever race and party preference correlate. Vote-dilution plaintiffs now carry far heavier burdens — producing alternative maps matching every State objective, controlling polarization evidence for partisanship, and proving present-day intentional discrimination. Existing majority-minority districts now stand at legislative discretion. Thomas's concurrence signals two Justices want to eliminate Section 2 redistricting claims entirely, keeping that question alive. Lower courts must now determine what evidence satisfies the new "strong inference" standard.
The Fine Print:
Section 2(b), Voting Rights Act, 52 U.S.C. §10301(b): "A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice."
Fifteenth Amendment, Section 1: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
Primary Cases:
Thornburg v. Gingles (1986): Established the three-precondition framework for Section 2 vote-dilution claims — requiring a sufficiently large and compact minority group, politically cohesive minority voting, and majority bloc voting that usually defeats minority-preferred candidates.
Allen v. Milligan (2023): Reaffirmed Gingles and upheld Alabama's obligation to create a second majority-Black congressional district under Section 2, rejecting Alabama's proposed "race-neutral benchmark" test.
Oral Advocates:
For Petitioner Press Robinson: Janai Nelson, New York
For Petitioner Louisiana: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, Louisiana
For Appellees: Edward D. Greim, Kansas City, Missouri
For United States, as Amicus Curiae, in Support of Appellees: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice
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