ACLU says it is ready for trial if Louisiana legislature falls short on redistricting map

NEW ORLEANS (WVUE) — As state lawmakers prepare to convene in a special session on redistricting next week, the American Civil Liberties Union says it hopes the legislature approves a new congressional map that adheres to the Voting Rights Act. If not, the ACLU says it is ready to go to trial.

Redistricting is the redrawing of electoral district boundaries. It is supposed to happen every 10 years, after the U.S. Census, to make sure each district has about the same number of people and districts are representative of a state’s electorate.

“After the Census, we see where populations have moved. And that redistricting process allows us to reapportion the congressional seats,” said Brandon Davis, an assistant professor in Tulane University’s Department of Political Science.

Federal Judge Shelly Dick ruled that the congressional map Louisiana’s Republican-controlled legislature approved last year violates the Voting Rights Act and dilutes the power of the state’s Black voters.

“If you pack the minority population into one district, you’re essentially diluting their ability to … affect the election of two people that they would choose to serve and represent them,” Davis said.

Dick gave the legislature until Jan. 30 to redraw the map. If lawmakers fail to do so, the federal court will hold a trial and decide on a plan for the 2024 elections.

Some Republicans in the legislature are signaling they want the issue resolved.

Rep. Stephanie Hilferty (R-Metairie) said, “I think there’s a plan coming up for the redistricting session, and so my hope is that we can move beyond that, satisfy the courts and move on with the business of the people of Louisiana.”

The special session will also take up changes to the districts for Louisiana Supreme Court justices.

“We have one minority-majority Supreme Court district and it’s time for that to change as well,” Rep. Matthew Willard (D-New Orleans) said. “So, I look forward to having those conversations and making sure we do not dilute and suppress the votes of Black people in the state of Louisiana.”

Sen. Pat Connick, a Republican representing parts of the west bank of Jefferson Parish said, “We have to and we’ve got to be fair about it. … So, I’m looking forward to working that also.”

Nora Ahmed, legal director for the ACLU of Louisiana, said, “The legislature knows what their obligations are under the Voting Rights Act.

“It’s possible that the (new) map will do what it’s supposed to do. It’s possible the map might not do what it’s supposed to do. So, it’s important that there is still a court date in place. … All of the preparation that is necessary to go to this trial and make sure that we get Black voters what they’re owed in this state. But there is, of course, the opportunity for the legislature to act.”

Redistricting can affect the balance of power in Congress and state legislatures.

If the legislature does not produce a map that passes federal court muster, the judge could draw one.

Five of the six representatives of Louisiana’s congressional districts are Republicans. And pundits say it is likely one of the Republicans will lose their district once the map is redrawn.

“It will be to their advantage to draw the districts themselves,” Davis said. “But to draw the district themselves is going to be tricky, because you only get so many House seats and then you have to decide which House member you’re going to write out and which House member you’re going to put in a competitive district.”

There will be national interest in what the Louisiana legislature ultimate decides.

“There are congressional elections coming up and ensuring that there are two majority(-minority) districts will be critical,” Ahmed said.

Davis says both parties try to use redistricting to their benefit.

“It’s political gerrymandering, in a sense that in states where Republicans hold majorities, they draw to their advantage and states where Democrats hold majorities they draw to their advantage,” he said.

Ahmed says there was litigation over the district boundaries for Louisiana’s legislature.

“We just finished the trial in the state House and legislative maps case, and every indication in that trial is the legislature believes that they’re in the right and that they do not plan on making any changes unless directed to do so by a court,” she said. “So, it does seem to be the case that there will need to be a legal opinion issued before there is any movement on the legislature’s part to do what they are legally obligated to do.”

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