Supreme inaction is action

Once again redistricting is front and center in Louisiana. Once again, an election is nigh, and once again, the Supreme Court, this time without dissent, has refused to intervene.

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The status quo is that the trial court, has found that the existing map drawn by the legislature likely violates the Voting Rights Act. That ruling is still on appeal to the Fifth Circuit.

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The U.S. Supreme Court on Thursday backed away from a confrontation with the Fifth Circuit Court of Appeals and its efforts to delay the redrawing of Louisiana's congressional map ahead of the 2024 election.

The case has been widely watched, not just because it could produce an additional Democratic seat in the House, but because the Fifth Circuit's actions in the case were seen as a defiant challenge to the Supreme Court's authority.

On Thursday, however, the justices, without explanation or noted dissent, declined to block a highly unusual legal maneuver by the Fifth Circuit that could prevent the creation of a second majority-Black district in time for the 2024 election.

  NPR

Supreme Court decisions should all have to be explained.

Thursday's decision was a turnaround for the high court, which, in a similar case in June, ordered the state of Alabama to draw a second competitive district for Black voters. Following that decision, the justices ordered Louisiana to go ahead with its efforts to draw a new map that would comply with the rules set down in the Alabama case.

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The Louisiana redistricting dispute centers on the fact that, as of now, the congressional map appears to mirror the racial vote dilution that the Supreme Court found to be illegal in Alabama. Specifically, one-third of Louisiana's population is Black, but the way the congressional districts have been drawn, only one out of six congressional districts has a majority of Black voters.

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Now, however, the the justices have declined to intervene further.

Why intervene in Alabama and not Louisiana?

Voting rights experts say that normally, in a situation like this, the courts adopt a two-track approach. While the circuit court considers any appeals, the trial court goes ahead with considering possible alternative maps so they can be ready when and if needed. Or as Justice Jackson put it, "we have previously emphasized this litigation should be resolved 'in advance of the 2024 elections in Louisiana.'"

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Indeed, three weeks ago, a Fifth Circuit panel, by a 2-to-1 vote, took the extraordinary step of cancelling the trial court's hearing, a procedural step that University of Texas law professor Stephen Vladeck called "stunning."

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And there is every probability that the Fifth Circuit and the state of Louisiana will now "try to run out the clock."

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The closer the election is, the less likely the court is to intervene.

...but hey, do what you want...you will anyway.

UPDATE 11/11/2023:

The Louisiana Legislature has until Jan. 15 to enact a new congressional map after a lower court ruled that the current boundaries weaken the power of Black voters in the state, an appeals court ruled Friday.

The order by a three-judge panel in the 5th Circuit Court of Appeals was released Friday. It tosses out the 2022 ruling, and it is the latest in the state’s redistricting fight, which could determine which party controls the state House following the 2024 elections.

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The district court would need to consider whether the new plan is in line with the Voting Rights Act or whether another preliminary injunction is necessary, the appeals court argued Friday.

  The Hill