UPDATE: Late Thursday, the clerk of the court filed a document stating that "a judge of this Court withholds issuance of the mandate in this appeal."
This action may be related to the fact that the U.S. Supreme Court is poised to rule in a separate, but parallel, suit regarding these districts later this year.
Here's the original story:
The Fifth Circuit Court of Appeals has rejected Louisiana's request to throw out a lower court ruling that found the state's legislative redistricting maps were an attempt to dilute the voting strength of Black Louisianians.
The ruling in Nairne et al v. Landry et al comes as the U.S. Supreme Court is poised to rule in another lawsuit involving Louisiana redistricting. To read coverage from our media partners at The Advocate about the two cases and the legal issues, click here.
Attorney General Liz Murrill issued a release immediately, saying that her office "strongly disagree with the Fifth Circuit panel’s decision. We are reviewing our options with a focus on stability in our elections and preserving state and judicial resources while the Supreme Court resolves related issues.”
At issue is the ruling of a district court that followed a seven-day bench trial, in which U.S. District Judge Shelly Dick found that the maps violated the Voting Rights Act of 1965 by "packing" Black voters into a small number of majority-Black districts. The court threw out both the Senate and the House district maps which were drawn in 2022.
The state's argument was that the section of the Voting Rights Act at issue don't apply to Louisiana any longer. Louisiana's argument was balanced on a 2013 case that invalidated a pre-clearance formula used in redistricting, but the court in that case "took pains to distinguish" the section of the Voting Rights Act at question, the Fifth Circuit wrote.
"The state argues that conditions in Louisiana no longer justify race-conscious remedies and that Congress's Fifteenth Amendment authority to enact the 1982 amendments to the VRA (Voting Rights Act) has expired. It emphasizes that there are now more majority-Black districts than in 2011 (the last time Louisiana's redistricting maps were precleared by the Department of Justice), the number of minority legislators has reached an all-time high, and white voters sometimes support Black candidates," the Fifth Circuit wrote.
The Fifth Circuit did not accept that argument.
"We decline the State's invitation to both eschew a clear mandate from the Supreme Court and disregard Congress's intent in order to grant Louisiana an exemption from "the permanent, nationwide ban on racial discrimination in voting found in (the Voting Rights Act section)," the court wrote.
The Fifth Circuit also listed multiple cases in which the constitutional validity of the Voting Rights Act section in question had been upheld, adding that they "decline to department from this settled and uniform precedent."
The Fifth Circuit writes that it has a duty to give great weight to Congressional decisions.
"When Congress enacted the VRA (Voting Rights Act), it did so based on overwhelming evidence that "sterner and more elaborate measures" were needed to address "an insidious and pervasive evil.... perpetuated in certain parts of our country through unremitting and ingenious defiance of the Constitution," the Fifth Circuit quotes.
The Louisiana Legislative Black Caucus issued a statement about the ruling, stating the group "commends today’s decision by the U.S. Court of Appeals for the Fifth Circuit affirming the district court’s ruling in Nairne v. Landry that Louisiana’s state legislative maps violate Section 2 of the Voting Rights Act of 1965. The court agreed that the maps dilute the voting power of Black Louisianians by unfairly dividing communities into state districts with the goal of reducing a group’s voting power, otherwise known as packing and cracking, denying them an equal opportunity to elect candidates of their choice."
"The ruling affirms the outcome of a multiple day trial in 2023, where expert witnesses, data analysis, and firsthand accounts from Black voters across Louisiana exposed the discriminatory effect of the current maps and their impact in places like Shreveport, Baton Rouge, and Natchitoches," the statement reads.
“The court’s decision is a victory and confirms what communities across Louisiana have long known: the current maps unlawfully dilute the voting power of Black Louisianans and fail to provide fair and equitable representation”, said Representative Edmond Jordan (D29), Chairman of the Louisiana Legislative Black Caucus. “This ruling affirms the fundamental principle that every citizen’s voice and vote must carry equal weight, regardless of race. Further the courts have made it clear: the voices of Black Louisianans cannot be silenced or minimized through discriminatory maps. We urge the legislature and the Governor to act swiftly to adopt maps that meet both the letter and spirit of the law.”
The release states that the caucus "has consistently called for district maps that comply with federal law and uphold the promise of equal representation enshrined in the Voting Rights Act. The Fifth Circuit’s decision marks a significant step forward in ensuring that the legislature reflects the diversity and values of the people it serves."
“This is not just about lines on a map—it’s about power, fairness, and the right to be heard,” said Katina Semien Smothers, Esq, the Executive Director of the caucus. “We will continue to fight until every resident has a fair opportunity to elect representatives who truly reflect their communities.”
The statement reads that the caucus "remains committed to working alongside advocates, community leaders, and legal experts to ensure that the next set of legislative maps honors the rights of all Louisianans."
Here's a copy of the decision, which was posted on the Twitter account of an attorney for the Brennan Center for Justice:
