Will the Supreme Court gut Section 2 of the Voting Rights Act?
The History Behind The Headlines
By Darius Spearman (africanelements)
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Introduction: A turning point for Black voting power
Across Louisiana, church basements, union halls, and campus centers are buzzing. Elders who marched in the 1960s are sitting with Gen Z organizers, studying the Supreme Court’s latest move on the Voting Rights Act. The case centers on Louisiana’s congressional map and the fate of Section 2, the last major shield against vote dilution. Although the docket looks technical, the stakes reach into every Black neighborhood that fought for a voice in Congress. People feel the weight of history because they have lived it, from Jim Crow registrars to long lines at modern polling places. They also know this fight has never been abstract; it is about whether Black communities can elect leaders who will answer the phone when hurricanes hit, hospitals close, or schools are starved of funding.
Section 2 — Voting Rights Act of 1965
⚖️
Prohibits Discrimination
Protects against voting rules or procedures that discriminate on the basis of race, color, or language minority status.
Applies Nationwide
Section 2 is the main remaining safeguard of the Act and applies to all U.S. jurisdictions.
️
Legal Enforcement
Allows citizens and the Department of Justice to challenge discriminatory practices in court.
Section 2 ensures fair access to the ballot for all voters.
Source: U.S. Department of Justice
Observers are fixated on one blunt outcome: the Court could weaken, or even strike down, how Section 2 operates in redistricting. That outcome would reshape power across the South as well as the Midwest and Sun Belt. Moreover, the case could ripple beyond Louisiana and shift who holds key House seats for a decade. Reporters at national outlets describe a Court probing whether race-conscious remedies that create majority-Black districts can survive constitutional scrutiny, even when the law demands a fix for dilution. They also map the political consequences if those remedies vanish (Reuters; AP News; The Guardian).
The current case: What Louisiana tells us
The dispute began after the 2020 census, when lawmakers in Baton Rouge drew a map with only one Black-majority district, even though Black residents make up roughly one-third of the state. Civil rights plaintiffs sued under Section 2, and a federal court ordered a remedy requiring a second opportunity district. That court concluded the original map likely diluted Black voting strength under long-standing legal tests. After extended wrangling, Louisiana adopted a new plan with two districts where Black voters could elect a candidate of their choice (The Guardian; Reuters).
As elections unfolded, the new second district elected a Black Democrat. However, opponents sued again, arguing the remedial map relied too heavily on race, and a lower court later struck it down. When the case reached the Supreme Court, the justices did not only question the shape of the district. They asked the parties to brief whether Section 2 is even constitutional when it requires race-conscious drawing to cure dilution. That request signaled something larger than a dispute over lines on a map. It revealed a willingness to reconsider the backbone of modern voting rights enforcement (AP News; Reuters).
Louisiana’s Representation Gap
Section 2 of the Voting Rights Act prohibits voting practices that discriminate by race, color, or language minority status.
~33% Black population
1 of 6 seats (pre-remedy)
Population Share
Congressional Seats
Before the court-ordered remedy, Louisiana’s map under-represented Black voters.
Source: Reuters
What Section 2 actually does
Section 2 of the Voting Rights Act prohibits voting practices that result in racial minorities having less opportunity than others to participate in the political process and to elect representatives of their choice. After Congress amended the law in 1982, plaintiffs no longer had to prove racist intent; they could win by showing discriminatory effect. Because lawmakers rarely admit deliberate bias today, this change mattered. Courts developed tests to decide when a minority community is large and compact enough to form an effective district and whether voting is racially polarized. When those conditions exist, Section 2 authorizes a remedy that often includes a new majority-minority district (The Washington Post).
In addition to being a tool for fairness, Section 2 became a lifeline after 2013, when the Supreme Court disabled the preclearance coverage formula in Shelby County v. Holder. Before Shelby County, states with long records of discrimination had to submit changes for federal approval. After it, communities had to sue after the harm appeared. As a result, Section 2 litigation became the main path to stop maps that crack Black neighborhoods or pack them so tightly that surrounding districts become safe for the party in power (AP News).
How Often Section 2 Wins in Court
Since 1982, courts across the United States have ruled on hundreds of voting rights challenges under Section 2 of the Voting Rights Act.
466
Cases Filed
(1982 – Present)
43%
Plaintiff Success Rate
Nationwide Average
Section 2 remains a key tool to challenge discriminatory voting laws in court.
Source: The Washington Post
From Selma to Shelby: The long arc to today
Our elders remember when literacy tests and poll taxes stood between Black citizens and the ballot. Organizers in the Student Nonviolent Coordinating Committee risked their lives to register voters in places where the county courthouse functioned like a fortress. The Voting Rights Act of 1965 was the answer to that terror, enforced by preclearance and litigation. Over time, the law opened the door to hundreds of Black elected officials across the South. The victories were uneven, yet transformative. Many of us saw school boards finally reflect community demographics and saw congressional districts where Black candidates had a real chance (The Guardian).
Decades later, that door began to close. In 2013, Shelby County v. Holder removed preclearance coverage and placed the burden back on communities to prove harm after it occurred. Since then, new hurdles appeared: strict ID laws, mass polling place closures, and maps calibrated to fragment Black voting blocs. Section 2 challenges kept some damage in check. Alabama’s Allen v. Milligan ruling in 2023 required a second opportunity district there, showing the law still had teeth when facts were strong. However, today’s Louisiana case pushes the Court to say whether those teeth can still bite in redistricting at all (Oyez; AP News).
Why the Court’s questions sound different
Over the past few terms, the Court’s conservative majority has narrowed the scope of race-conscious policies in education and government. Reporters covering oral arguments describe justices pressing whether a race-aware remedy can persist without violating equal protection. In the Louisiana case, several justices focused on the district’s shape and on whether a “temporary” use of race has become permanent. That framing matters because it converts a technical voting-rights fix into a constitutional red flag, which then invites the Court to prune Section 2 back even further (Reuters).
As the Court signals discomfort, movement lawyers warn that an aggressive ruling could erase a central tool for communities of color. Analysts explain that taking race out of remedies while race still structures political life would freeze inequality in place. Consequently, maps that slice through Black neighborhoods could stand, as long as their designers avoided sloppy emails or overt intent. That is why civil rights groups call this a do-or-die moment for multiracial democracy and point to the post-Shelby rush of restrictive laws as a preview of what comes next (Human Rights Watch; AP News).
Potential Nationwide Impact if Section 2 Is Weakened
Legal experts warn that curtailing Section 2 could reshape congressional representation across the U.S.
Up to 19
Congressional Seats at Risk
Could be reconfigured if Section 2 protections are invalidated — potentially shifting control in closely divided chambers.
️
Geographic Concentration
Impacts would likely cluster in the South and Sun Belt, where racially polarized voting remains high.
Estimate from national advocacy analysis (Reuters)
How Black communities experience “vote dilution”
On paper, dilution sounds abstract. In a parish outside Baton Rouge, it looks like one neighborhood of Black families split into three districts, each attached to a far-off suburb. Voters still cast ballots, but their preferred candidates never reach 50 percent because their neighbors are divided across different lines. Meanwhile, another map might pack Black voters so tightly that one district elects their candidate by landslide margins, while also leaving surrounding districts safe for the other party. The result is fewer seats reflecting the population’s actual voice. Courts recognize these patterns because the numbers are stubborn, and because witnesses describe the same stories in city after city (The Guardian).
Additionally, dilution has concrete policy costs. Representatives from safe seats respond to different incentives than those from competitive districts. That distinction shows up in disaster aid, hospital closures, environmental enforcement, and school funding. Communities along Louisiana’s industrial corridor know what it means when decision-makers are not accountable to them. A Section 2 remedy can connect Black communities that share common interests, making it possible to elect someone who campaigns in those neighborhoods and governs with them in mind (AP News).
History behind the headlines: Why Louisiana is emblematic
From Reconstruction to the Great Migration, Black Louisianans have carried a heavy civic burden. After federal troops withdrew in 1877, white supremacist politics closed the ballot box with literacy tests and violence. In the 20th century, Black New Orleanians built powerful civic networks, from mutual aid societies to church-based registration drives. Those networks endured storms both literal and political. Hurricane Katrina scattered families, but the voting power of the diaspora kept community demands alive in city halls and statehouses. That persistence is why the fight for a second majority-Black district resonated so deeply. People recognized that the path to recovery and investment runs through maps that reflect who actually lives here (The Guardian).
Moreover, Louisiana sits within a regional pattern. After Shelby County, states across the South advanced electoral changes that burdened Black voters. Section 2 litigation became the safety valve when preclearance disappeared. Alabama’s Allen v. Milligan case showed how courts still apply the law to real facts where Black voters are numerous and voting is polarized. Louisiana presents nearly identical demographic realities, which is why the Court’s sudden doubt over Section 2’s constitutionality reads as a signal flare to every legislature inclined to test the limits again (Oyez; AP News).
If Section 2 falls: The road ahead
Analysts warn that if Section 2 remedies in redistricting are curtailed, many majority-minority districts could be dismantled during the next cycle. Legislatures would defend those maps by saying they did not use race, even when vote dilution is plain in the results. Lawsuits would still be filed, but plaintiffs would face a steeper climb, needing proof of discriminatory intent or novel theories that courts may resist. Meanwhile, control of the U.S. House could swing on a handful of seats that would have been protected under Section 2. The political effect is measurable, and communities on the ground would feel it first in policy and services (Reuters).
However, Black organizers have never waited for courts to save them. When rules narrow, movements adapt. Churches turn into precinct education centers. Civic groups coordinate rides, mail-ballot education, and down-ballot candidate recruitment. The lesson from the Civil Rights Movement remains true: power concedes when people organize where they live, work, and worship. A harsh ruling would make that work harder. It would also remind the country that laws change because communities make change, and that sustained local pressure can move lawmakers to pass new protections at the state and federal level (Human Rights Watch).
Conclusion: Why this matters today
Louisiana’s case raises a clear question: Will the Constitution be interpreted in a way that perpetuates the status quo, or in a manner that acknowledges the lived reality of racial polarization and the need for effective remedies? Section 2 was designed to address this reality with practical tools, as well as to prevent the erasure of Black political power through clever cartography. Weakening it would invite a return to games that our grandparents fought to end. The Black diaspora understands that maps are moral documents; they decide whose voices travel from kitchen tables to congressional floors (The Washington Post; AP News).
This moment is about more than one state’s lines. It is about whether laws with actual bite will guard multiracial democracy. The Court will issue its ruling in the months ahead, but communities are already writing the next chapter. In Louisiana and far beyond, the work continues: knowing the history, naming the stakes, and building the power to make representation real in every district where Black voters live and lead (Reuters; The Guardian).
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.