Louisiana AG files brief to US Supreme Court; argues race-based redistricting unconstitutional

Murrill announced Wednesday that the state submitted the brief to the Supreme Court after oral arguments.

Louisiana argues that the creation of a second majority-minority congressional district is unconstitutional. They believe that having a race-based redistricting violates the Equal Protection Clause by using “racial stereotypes.”

The state also claims that having a race-based districting causes harm to voters, states, and the nation.

“Our Constitution prohibits the sorting of Americans into voting districts based on their skin color – and Louisiana wants no part of that abhorrent system. We have made this argument for years, but the federal courts so far have refused to hear us. So, when they forced us to draw a new majority-minority district, we did so under protest and defended it because the Supreme Court’s backwards precedents permit that district. But I am grateful that the Court has now asked the parties to brief whether this entire system is constitutional. My answer: it is not. Our Constitution sees neither black voters nor white voters; it sees only American voters.” 
Louisiana AG Liz Murrill

Murrill issued an additional statement for further explanation.

“We have consistently argued that the U.S. Supreme Court’s redistricting jurisprudence needs to be drastically changed or overruled. By requiring state legislatures to draw maps that sort voters by race, it forces us to violate the federal Constitution. We argue that again here. If this jurisprudence and Section 2 as previously interpreted and applied stands, so does SB8. But if it does not – our map cannot either. 

“This issue was not squarely raised before now because the plaintiffs did not raise it. Having been asked by the Court to brief it, our answer is clear. The Constitution forbids sorting voters by race. And telling legislators drawing maps to think about race, but not think too much about race, is an untenable standard.”

The state is also taking the same position regarding the Louisiana legislative map.

The state wants the Supreme Court to overrule Gingles v. Thornburg as a way to end any race-based considerations in redistricting, stating that the Constitution sees “neither black voters nor white voters; it sees only American voters.”

The Supreme Court is scheduled to hear arguments in the redistricting case on Oct. 15. Solicitor General Benjamin Aguiñaga will argue on behalf of the State.

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