Faced with a likely successful lawsuit by minority plaintiffs under Section 2 of the Voting Rights Act, the Louisiana legislature drew a second black majority congressional district. After the districts were drawn, those who did not like Louisiana having a second black majority district challenged it as an unconstitutional racial gerrymander under the 14th Amendment’s equal protection clause. Such a claim requires proof that race was the predominant factor in drawing district lines and that doing so was not required by a compelling state interest.

The majority opinion, by two Trump appointees, found that race predominated and that Section 2 of the Voting Rights Act did not justify drawing the district. A Bill Clinon appointee dissented, holding that race was not the predominant factor and in any case drawing the second district was required by Section 2 of the VRA.

There will now be a hearing on the remedy. Once that remedy is approved by a court majority, there will be the question whether, under the Purcell Principle, it is too late to see the use of these new districts in the 2024 elections.

Expect this to end up at the Supreme Court on the shadow docket.