Category Archives: Voting Rights Act

On Blexit’s efforts to urge Black voters to leave the Democratic Party

The Washington Post has a fascinating, relatively short podcast exploring larger questions about where Black voters fit within the two-party system through a story about Blexit’s arrival at Howard University’s homecoming weekend. Blexit, a conservative group currently tied to Charlie Kirk’s Turning Point USA, seeks to persuade black voters to leave the Democratic Party, an argument that is not without appeal to many voters of color, who question what the party to which they have been so loyal has actually done for them.

The podcast resonated with me because it reconfirms my argument that for many voters of color, the shortfalls of American democracy today are substantive, not procedural–a point I made in a forthcoming chapter. It also reinforces points made by Lee Drutman and others that our two-party system does not map well onto the diversity of our society, racial or ideological.

Blexit was co-founded by influencer Candace Owens to coax Black people away from the Democratic Party during Trump’s first term. Owens, however, stepped away from the movement since it merged with Turning Point in 2023. The podcast elaborates on a much shorter, earlier article.

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Development in Alabama Racial Gerrymander Case

AP News has an update on Alabama’s racial gerrymander case:

“U.S. District Judge Anna Manasco, appointed by President Donald Trump during his first term, issued the ruling Monday putting a new court-selected map in place for the 2026 and 2030 elections. Manasco ruled in August that the state had violated the Voting Rights Act by “packing” Black voters into Montgomery’s Senate District 26 to limit their influence elsewhere. Manasco selected one of three proposed plans drawn by a court-appointed expert.

‘The Court orders the use of a remedial map that was prepared race-blind and affords Black voters in the Montgomery area an equal opportunity, but certainly not a guarantee, to elect Senators of their choice,’ Manasco wrote.”

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“Texas Latino civic group sues to block AG Ken Paxton from shutting it down”

Texas Tribune:

Jolt Initiative, a nonprofit that aims to increase civic participation among Latinos, is suing Texas Attorney General Ken Paxton to block his efforts to shut them down. Paxton announced Monday that he was seeking to revoke the nonprofit’s charter, alleging that the group had orchestrated “a systematic, unlawful voter registration scheme.”

This is not the first legal back-and-forth between Jolt and Paxton’s office. Last year, the organization successfully sued to stop the state’s investigation into their voter registration efforts. In the new suit, Jolt’s lawyers argue Paxton’s efforts to shut them down are retaliation. The attorney general’s office has also in recent years targeted other organizations aiding Latinos and migrants, such as the effort to investigate and shut down El Paso-based Annunciation House.

“Jolt is simply the latest target of his unlawful campaign to undermine and silence civil rights groups in Texas,” said Mimi Marziani, a lawyer representing the nonprofit.

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Register for Free Safeguarding Democracy Project Webinar on November 18: “The Supreme Court, the Voting Rights Act, and the 2026 Elections”

Tuesday, November 18
The Supreme Court, the Voting Rights Act, and the 2026 Elections (webinar)
12:15pm-1:15pm, PT
Register here.
Samantha Blencke, Native American Rights Fund, Ellen Katz, University of Michigan Law School, and Deuel Ross, Legal Defense Fund
Richard L. Hasen, moderator (Director, Safeguarding Democracy Project, UCLA)
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The Complaint Filed By Republicans Against the Maps Created by California’s Prop 50 Raising Racial Gerrymandering and Intentional Discrimination Claims Faces an Uphill Battle, Especially Given 2026 Timing

You can find the complaint here. The main argument in the case is that plaintiffs engaged in a racial gerrymander by making race the predominant factor in drawing district lines without s compelling reason to to so. The primary allegations concern what the mapmaker for the Legislature said about protecting Latino voting power in the new district lines, something that the state would be required to do to to comply with Section 2 of the Voting Rights Act.

If partisanship, preserving communities of interest or other factors predominated when the Legislature drew the lines enacted via Proposition 50, then the case would fail on the first prong. Seems like this was a very partisan process, so there’s a good chance the case would fail on this prong. If we get to the second prong, the state could try to defend by saying the districts were drawn race consciously to comply with the Voting Rights Act.

There is also a brief set of claims in here that the Legislature drew lines to intentionally discriminate against Latinos. That claim is supported by no real evidence and I don’t expect it to go anywhere.

Plaintiffs will likely seek a preliminary injunction and have asked for a three-judge court. They will likely want a preliminary injunction hearing quickly. It may not happen quickly, and as we get closer to the election, the Purcell Principle, which has been applied to similar challenges in Louisiana and Alabama, tells courts not to make changes to districts in the period close to the election. Although applying Purcell typically has benefitted Republicans could benefit Democrats in this instance.

If the district court denies the injunction, plaintiffs could try to get emergency relief from the Supreme Court.

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“Future of Gerrymandering? Here’s How Weird Things Could Look”

NYT’s The Tilt:

You’ve probably seen gerrymandered congressional maps with snaking, winding, twisting districts drawn to give one party an advantage.

In the not too distant future, it might be possible to imagine even crazier maps.

For decades, Section 2 of the Voting Rights Act, which has been interpreted to require the creation of majority-minority districts, has effectively put a ceiling on partisan gerrymandering, especially in the big diverse states. It hasn’t merely been limit on gerrymandering; it’s the only meaningful federal limitation on partisan gerrymandering.

So if the Supreme Court strikes down Section 2, as it is considering, any equally populated House district is fair game, at least as far as federal law is concerned. There would be no federal law that might deter a 38-0 Texas congressional map that unanimously elected Republicans, or a 52-0 map in California with nothing but Democrats.

To be clear, such extreme gerrymanders are unlikely for a host of reasons. But the point isn’t that these two extreme maps are likely; it’s that they might soon be legal. And while states may not go this far, they may nonetheless be tempted to push toward more extreme maps than ever before…..

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“Louisiana Republicans delay election calendar to prepare for possible redistricting effort”

Jane Timm for NBC News:

Louisiana’s Republican-controlled Legislature passed two bills Wednesday to delay the state’s spring elections, a move designed to give them time for a possible redraw of the congressional map if the U.S. Supreme Court weakens a key provision in federal voting law.

The measures move the 2026 spring elections to May 16 and June 27, back from April 18 and May 30. The legislation passed in a special legislative session that was called the day after Louisiana argued a case before the Supreme Court over its current map, in which Republicans control four of the six districts.

“We pray that the Supreme Court brings us clarity and does so in an expedient manner. The situation we find ourselves is not typical, so it’s not unreasonable to think the Supreme Court might issue an opinion before the typical June,” state Rep. Gerald “Beau” Beaullieu, a Republican, said.

“We do not know when they will respond, nor the decision they will render, but we do know we have a little bit more time left on the calendar,” he continued.

The case concerns Section 2 of the Voting Rights Act, a critical component of the landmark voting rights law. The provision bars the government from denying or limiting voting rights based on race, color or language minority. It’s been used to force Louisiana lawmakers to draw two majority-Black districts in a state where Black Americans make up about one-third of the population….

Nearly 70 districts are protected by Section 2 across the country, according to Nicholas Stephanopoulos, an election law expert and professor at Harvard Law School.

Stephanopoulos said he expected that Southern states with Republican trifecta control would try to eliminate those protected districts, which tend to elect Democrats.

“This would sort of introduce a structural, pro-Republican bias into the House that hasn’t been there for at least the last few years,” he said. “It would decimate minority representation in the House.”

Stephanopoulos added that it could lead to the first substantial drop in minority representation in Congress since the 1880s….

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“Republicans bet frenzied redistricting push can outrun historical trends”

Paul Kane for WaPo:

The fight for House control in next year’s midterm elections has shifted into unfamiliar terrain: state capitals and courthouses.

Rather than recruiting candidates and conductingearly fundraising, political operatives on both sides are focused on drawing new, mid-decade congressional maps. Instead of waiting forevery-10-year census figures to come out, both parties are engaged now in an arms race in up to a dozen state legislatures.

And depending on the partisan leanings of the emerging proposals, lawsuits from Democrats or Republicans have already started, and more are likely to come.

Republicans have been more aggressive so far, but Democrats are trying to play political catch-up in states where they dominate the legislature and typically have their party’s governor in place….

Despite so much talk, there’s a distinct chance that once all the dust settles next year, the new maps will add up to only a handful of additional seats for Republicans. In addition to a redistricting referendum driven by California Gov. Gavin Newsom (D) that could help Democrats gain up to five seats, Democratic-dominated legislatures in Illinois and Maryland are considering drawing up lines to help their party.

If all the back-and-forth math is confusing, the Cook Political Report With Amy Walter is frequently updating a “redistricting tracker” for the latest developments and analysis, with a simple estimate at the top. Erin Covey, the top analyst on House races, wrote that the “likeliest scenario” would give Republicans an additional six to nine seats to add to their very slim majority of three seats.

Inside Elections with Nathan Gonzales estimates a similar range.

“The best case redistricting scenarios for each party look like Republicans gaining a significant advantage in 14 seats they don’t currently hold, and Democrats gaining a significant advantage in seven seats they don’t currently hold,” Jacob Rubashkin, deputy editor for Inside Elections, wrote in September.

These analyses do not account for a perhaps bigger long-term loss for Democrats, as a conservative Supreme Court majority increases the likelihood that the Voting Rights Act could be tossed aside. The current law has led to many majority-Black districts in the South, and its gutting could cost Democrats a dozen or so seats, with most of those coming in the 2028 elections….

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ELB Podcast 7:2: Leah Litman: (When) Is the Supreme Court “Lawless?”

Season 7, Episode 2 of the ELB Podcast:

How has the Supreme Court moved to the right in areas including voting rights and campaign finance?

What is happening with “shadow docket” rulings of the Supreme Court, and what does that tell us about the relationship between the Court and President Trump?

How should we understand how the Supreme Court has and should make decisions in its most controversial cases?

On Season 7, Episode 2 of the ELB Podcast, we speak with Michigan law professor Leah Litman, author of the new book, “Lawless.”

You can subscribe on SoundcloudApple Podcasts, and Spotify.

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