South Carolina Republicans do not need to redraw their congressional map, the US supreme court ruled on Thursday, saying that a lower court had not properly evaluated the evidence when it ruled that the lawmakers had discriminated against Black voters.
In a 6-3 decision, the justices sent the case back to the lower court for further consideration.
“A party challenging a map’s constitutionality must disentangle race and politics if it wishes to prove that the legislature was motivated by race as opposed to partisanship. Second, in assessing a legislature’s work, we start with a presumption that the legislature acted in good faith,” wrote Samuel Alito in an opinion that was joined by the court’s five other conservative justices.
“The three-judge district court paid only lip service to these propositions. That misguided approach infected the district court’s findings of fact, which were clearly erroneous under the appropriate legal standard.”
The dispute centered on the way the Republicans who control the state legislature redrew the state’s first congressional district after the 2020 census. After the representative Nancy Mace narrowly was elected in 2020, they shifted the district’s boundaries to make it much friendlier to Republicans. As part of that effort, they moved 30,000 Black voters from Mace’s first district to the sixth, currently represented by Jim Clyburn, a Black Democrat. A lower court had ruled that lawmakers had impermissibly relied on race to redraw the district and told lawmakers to redraw it.
The case had dragged on for so long, however, that the lower court and the supreme court recently allowed South Carolina to use the district for this year’s election.
The decision in Alexander v South Carolina Conference of the NAACP is a major win for Republicans, who hold a slim margin in the US House with six of South Carolina’s seven congressional seats. It also could give lawmakers more leeway to discriminate in redistricting and use partisanship as a proxy for race. That could be enormously powerful in the US south, where voting is often racially polarized based on race.
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The challengers in the case, the South Carolina branch of the NAACP and a South Carolina voter, argued that those actions violated the 14th amendment’s ban on sorting voters based on race. South Carolina Republicans argued that they were motivated by partisanship, not race.
In 2019, the supreme court said that there was nothing federal courts could do to stop gerrymandering based on partisanship. Sorting voters based on race, however, still remains unlawful. This was the first case that came to the court since its 2019 decision, forcing the justices to clarify their standard when the two issues are intermingled.
In a dissenting opinion, Justice Elena Kagan accused the court of getting the decision “seriously wrong” and said its ruling would make it harder for challengers to bring cases against discriminatory voting practices.
“In every way, the majority today stacks the deck against the challengers. They must lose, the majority says, because the state had a ‘possible’ story to tell about not considering race – even if the opposite story was the more credible,” Kagan wrote in the opinion, which was joined by the court’s two other liberal justices, Sonia Sotomayor and Ketanji Brown Jackson.
“When racial classifications in voting are at issue, the majority says, every doubt must be resolved in favor of the state, lest (heaven forfend) it be ‘accus[ed]’ of ‘offensive and demeaning’ conduct.”
