Strict Scrutiny Will the Voting Rights Act Survive SCOTUS?
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Oct 20, 2025 Sam Spital, Associate Director-Counsel at the NAACP Legal Defense Fund, dives deep into Section 2 of the Voting Rights Act, revealing its critical role in combating vote dilution. He highlights how recent partisan requirements threaten its effectiveness. Meanwhile, Joyce Vance, a former U.S. Attorney, discusses her book, sharing insights on why the next election is crucial for democracy and the importance of community engagement in civic action. Their conversation navigates the precarious state of voting rights and the ongoing fight for justice.
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Voting Rights Act Under Direct Threat
- Louisiana v. Calais threatens to gut Section 2 of the Voting Rights Act by recasting its test to favor states.
- The argument signaled a concerted effort to erase remedies that protect minority electoral power.
Partisanship Could Be Weaponized
- The Solicitor General seeks to add partisanship and incumbency protection into the Gingles illustrative map requirement.
- That change would make Section 2 claims nearly impossible because partisan parity rarely aligns with minority-majority districts.
Illustrative Vs. Remedial Maps Distinction
- Illustrative maps must be majority-minority because of Bartlett v. Strickland, not plaintiffs' preference.
- Remedial maps, however, need not be majority-minority and can use competitive remedies to fix dilution.
