Louisiana's congressional districts, which it redrew following the 2020 census, currently sit in a state of legal uncertainty.The map initially only had one majority-black district. However, following a 2022 case called Robinson v. Ardoin (later Laundry), which held that it violated section 2 of the Voting Rights Act, Louisiana re-drew the map to include two majority-black congressional districts.In January 2024, a different set of plaintiffs sued alleging the new map violated the Fourteenth and Fifteenth Amendments. The case rose to SCOTUS and was heard as a part of the OT24 term. The issues before the Court included (1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature’s enactment of S.B. 8; (2) whether the majority erred in finding that S.B. 8 fails strict scrutiny; (3) whether the majority erred in subjecting S.B. 8 to the preconditions specified in Thornburg v. Gingles; and (4) whether this action is non-justiciable.On June 27, 2025, rather than issue a decision on the case, the Supreme Court issued an order restoring the case to the OT 25 calendar for reargument. This time, the Court has explicitly granted the question of "Whether Louisiana’s intentional creation of a second majority-minority congressional district violates the 14th or 15th Amendments to the U.S. Constitution." Oral argument (round 2) is set for October 15, 2025.Join us for a post-oral argument Courthouse Steps program where we will break down and analyze how this oral argument went before the Court.Featuring:
Prof. Michael R. Dimino, Sr., Professor of Law, Widener University Commonwealth Law School
(Moderator) Brad A. Benbrook, Founding Partner, Benbrook Law Group