The justices have added another big question to their already heavy term starting in October.
www.msnbc.com/deadline-whi... Supreme Court sets the stage for latest gutting of voting rights
— (@dragonboyia.bsky.social) 2025-08-05T14:20:51.132Z
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-voting-rights-act-louisiana-roberts-rcna222896
They posed the question in an important redistricting appeal from Louisiana over congressional districts in the state. The justices heard arguments this past term but didnt reach a decision. Instead, they said in an order in late June over dissent from Justice Clarence Thomas that the court would in due course issue an order scheduling argument and specifying any additional questions to be addressed in supplemental briefing.
That order came Friday.
It didnt schedule another argument yet, but it did specify another legal question, and its a big one:
Whether the States intentional creation of a second majority-minority congressional district violates the Fourteenth or Fifteenth Amendments to the U. S. Constitution.
Election law expert Rick Hasen explained that the court seemed to indirectly ask whether Section 2 of the VRA [Voting Rights Act], at least as to how it has been applied to require the creation of majority-minority districts in some circumstances, violates a colorblind understanding of the Constitution.
If that is, in fact, what the court is after, then the act which the Roberts Court has already hobbled is poised for further paring.
Such a colorblind reading of the Constitution has animated the majoritys thinking, for example, on affirmative action, which led to that policys gutting on constitutional grounds in a party-line ruling two years ago. Thomas cited the affirmative action case in his dissent from the courts refusal to decide the Louisiana redistricting case in June.