By Lil T.
The Supreme Court’s ruling in Louisiana vs. Callais effectively eviscerates the Voting Rights Act and opens the floodgates to new waves of Republican gerrymandering ahead of the 2026 midterm elections. While the potential impact in California is less dire than in other states, we must remain vigilant and support organizations dedicated to protecting voter rights.
What is the Voting Rights Act?
In 1870, the 15th Amendment, which banned racial discrimination in voting, was added to the U.S. Constitution. What followed was nearly a century in which some states used violence, intimidation, poll taxes, literacy tests and other means to undermine voting rights and keep Black and Brown people from the polls. Then, in 1965, the 89th Congress passed the Voting Rights Act (VRA) which put into place rules that have, for the past 61 years, created tools the federal government could use to protect the right to vote. This “enforcement legislation” provided that, given their history of exclusion, “some state and local governments…[had] to get federal approval before changing their voting laws” and “prohibited election or voting practices that discriminate based on race….”
Over the past 25 years Chief Justice John Roberts has made it his mission to dismantle the VRA and make way for states to restore Jim Crow voting conditions. In 2013, for example, the Roberts court undermined the VRA by ruling that nine states, as well as some counties and municipalities in other states, no longer had to get Federal approval before changing their voting laws. Sitting firmly in his seat of privilege, Roberts decided that discrimination was a thing of the past. Unfortunately, this ruling ushered in a wave of voter ID laws and a host of other voter suppression tactics.
The most recent blow to the VRA came on April 29 in the 2026 Louisiana vs. Callais decision, in which the Roberts court made challenging discriminatory voting maps nearly impossible. Now, challengers “must present strong evidence of ‘present-day intentional [emphasis added] racial discrimination regarding voting.’” So, according to the Jim Crow Six on the court, since there is no racism anymore, if anyone (e.g., a group representing Black citizens) challenges a (e.g., Republican) voting map, they must prove that the maps racially discriminate against Black people intentionally and that any replacement map must meet the original political goals of the map maker (e.g., be majority Republican.) The very purpose of the 15th Amendment is undone. As a result, protecting the votes of Black and Brown people is a (hell) NO; protecting the right of political parties to select their voters is a (hell) YES.
What does the Callais decision mean for California?
The Mexican American Legal Defense and Educational Fund has indicated that it does not think Callais will impact California immediately because there is no racial gerrymandering at the state level. Moreover, Prop 50, which redrew the map for partisan reasons, has already been challenged in the Supreme Court and was upheld this past February.
There are still risks, however. California used Section 2 of the VRA to help Latinos get political representation in the communities where they live. As a result, we may see some counties and localities challenge their maps for things like city councils and school boards by arguing that they are unconstitutionally based on section two of the VRA. Californians will need to be vigilant and prepare for these challenges.
In addition, Common Cause urges us to update the state VRA to expand its safeguards given that the Constitution allows states to provide more voting protections than the federal law requires. The VRA could be amended to include, for example, stronger protections against discrimination and better language access.
While most people think that Callais will have limited impact on California in 2026, they also recognize that the run up to 2028 and 2030 will be a redistricting scramble since our state is the single largest source of Democratic house seats. We will all need to be on our toes.
Take action
Learn more about Louisiana vs. Callais and the Supreme Court Justices who made the decision:
Consider supporting the following organizations:
