'Fewer Black and Latino members of Congress' — what experts say about US ruling on Voting Rights Act
POLITICS
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'Fewer Black and Latino members of Congress' — what experts say about US ruling on Voting Rights ActWe spoke to constitutional scholars and leading legal minds in the US to decode the Supreme Court's landmark voting rights ruling, which could redraw the contours of American political power.
US Supreme Court has sharply limited Voting Rights Act that helped states elect Black and Latino representatives to Congress. / Reuters

Washington, DC In a 6–3 ruling this week, the US Supreme Court struck down Louisiana’s second majority-Black congressional district, ruling that the state had relied too heavily on race when drawing the map, even though lawmakers said they were trying to comply with Voting Rights Act of 1965, a law designed to protect minority voting power.

Justice Samuel Alito held that such use of race overstepped constitutional limits, a conclusion sharply rejected in dissent by Justice Elena Kagan, who warned that the decision marks a significant narrowing of the protections long associated with the landmark civil rights law.

The decision lands in Washington not with immediate disruption, but with a slow legal and political ripple.

Political science Professor Paul M. Collins Jr., an expert on legal studies at the University of Massachusetts Amherst, says the practical effect will be felt through state-level map-drawing. 

“Moving forward, I think state legislators are going to use the decision to justify partisan gerrymandering, likely giving a disproportionate number of House seats to Republicans (relative to support for Republicans) at the ballot box. So, the longer-term consequence is likely to be that Republicans are over-represented in Congress.”

He links that directly to representation in Congress, not just legal theory.

“My read of the Court’s opinion is that partisan gerrymandering is fine. So, as long as state legislatures can justify redistricting as being done for partisan purposes, the Court seems okay with it. I think a result of this is that we will see fewer Black and Latino members of Congress,” Collins told TRT World.

The key constraint, he adds, is timing. Most states are unlikely to redraw maps immediately ahead of the next election cycle.

“There simply isn’t enough time for a large-scale redistricting effort prior to the November midterm elections. I believe the 2028 election will be when we really see the effects of this decision.”

Intent over outcomes

The legal impact is already being tested through ongoing voting rights cases, where the standard for challenges has shifted.

David Levine, Raymond L Sullivan professor of law at the University of California, College of the Law, told TRT World that cases built on the previous legal test are now on weaker ground.

The case will certainly have an immediate impact on any ongoing litigation under Section 2 of the Voting Rights Act. Any case which is premised on the now inadequate effects standard will have to be revised or dismissed in light of the new intent standard.”

That change matters because it alters what courts will look for.

Instead of examining outcomes, judges are now required to focus more heavily on intent when evaluating whether voting rights have been violated.

RelatedTRT World - US Supreme Court restricts use of race in drawing electoral districts

Redistricting battle expands

Levine also highlights a procedural point that could affect how quickly states respond.

“It is interesting that the court did not say anything about the Purcell Principle. This is the idea that courts should not change voting rules too close to election day. It is very difficult for election officials, candidates and voters to adjust quickly.”

In practical terms, that means the ruling applies now, even if its full political impact takes time to materialise.

The most immediate pressure point, Levine says, is in states where minority voting patterns are geographically concentrated and closely align with partisan affiliation.

“The greatest impact will be in places where the race of a large number of minority voters is highly correlated with their tendency to vote for one party or the other,” Levine argues.

This is certainly the case in places like Louisiana, Tennessee, and South Carolina, just to name three, with large and concentrated groups of African-American voters who tend to vote Democratic in states which otherwise tend to vote Republican.

Maps and power

“It will be in those places that state legislatures will be tempted to accelerate redistricting to take advantage of the new standard. They will be able to say that they are engaged in permissible partisan gerrymandering and the effect on race is just coincidental,” he added.

That distinction, between partisan intent and racial effect, becomes the legal line states may try to operate within.

Levin adds that institutional rules will also shape how quickly states act.

“Some US states might have rules about who does the redistricting or when redistricting can take place, especially too close to an election. They might not take advantage of the new opinion for the fall of 2026, but some might try to do so in time for November 2028 or after the 2030 census is completed. Some states might decide that they don't want to get embroiled in litigation so close to an election, so they might pass on the opportunity to make changes for 2026.”

Even so, Levine argues the broader direction is clear.

“Although this opinion is about one congressional district in Louisiana, it will probably have broad effects on redistricting of state legislatures. The dominant party in a state might try to use this opinion to cement that position for years to come.”

SOURCE:TRT World