After Louisiana v. Callais:
To Fix the VRA, It Starts at the Ballot Box
by Olivia Justice
Many members of the League of Women Voters of Dallas have expressed frustration and disappointment at the recent Supreme Court decision in Louisiana v. Callais. The Court struck down Louisiana’s new congressional district map and fundamentally changed the Voting Rights Act of 1965. The case grew out of Louisiana’s redistricting to create a second majority-Black congressional district, following the requirements of Section 2 of the Voting Rights Act.
The decision’s reasoning severely weakened Section 2 of the VRA, making it harder to successfully challenge racial discrimination in redistricting, voting rules, and election laws. Before this decision, a voter must show that the law had the effect of disenfranchising voters on the basis of race. Now, a voter must show that not only were they effected by a law on the basis of race but that the law was also intended to do so.
Showing intent is much harder than showing effect, and the Court’s new interpretation of Section 2 requires demonstration of provable racism. We know that explicit racism can be spoken, be written, be apparent. We know that long-held prejudices can inform policy decisions and laws—racism is sadly not gone from our beloved country.
Originally passed in 1965, the Voting Rights Act made real the promise of the 15th Amendment, giving Black men the right to vote, and of the 19th Amendment, giving all women the right to vote. Prior to the VRA’s protections against racial discrimination, many Black, Latino, Indigenous, and Asian Americans were completely removed from American democracy and deprived of their sacred right to vote.
But ours is a government of checks and balances. Just as Congress and the President have limited powers, so too does the Supreme Court. If the Supreme Court issues a decision that the people think is wrong, Congress can enact a new law replacing the law struck down. It’s been done many times in our country’s history. In recent memory, when the Supreme Court restricted freedom of religious practice, Congress passed a new law (the Religious Freedom Restoration Act) just three years later. When the Supreme Court limited RFRA, Congress quickly acted again to amend the law.
The same can be true now for the Voting Rights Act. We the voters can call on our representatives in Congress to enact new protections for voters, restoring protections against racial laws or even further protecting access to the electoral process. And if a sitting member of Congress does not follow the will of the people, the people can elect a new Congressman.
Every member of the House of Representatives is on the ballot this November. We have a chance to urge our current representatives to pass new laws, and if they don’t respond, we can vote them out in November. And we can do it all over again in November 2028.
It all comes down to the ballot box.
As November approaches, LWV-Dallas will share actions and opportunities for our members to demand action from Congress, speak publicly on behalf of voting rights, and help our friends and neighbors to vote. The Voting Rights Act of 1965 can be the history we stand upon as we form a more perfect union. |