Tensions erupted Friday as Republican state lawmakers presented new election maps to eliminate one or both of Louisiana’s majority-Black congressional districts.

Hundreds of people came to the State Capitol, filling several overflow rooms, to watch the Senate and Governmental Affairs Committee, which met to consider new U.S. House district boundaries and give the public a chance to comment. Lawmakers don’t plan to start voting on the maps until at least next week. 

Committee chairman Sen. Caleb Kleinpeter, R-Port Allen, called the hearing after Gov. Jeff Landry declared a state of emergency and suspended Louisiana’s upcoming U.S. House primary elections April 30, a day after the U.S. Supreme Court ruled the state’s existing congressional map was  an unconstitutional racial gerrymander against white voters. 

Within minutes of the meeting coming to order, Sen. Gary Carter Jr., D-New Orleans, began questioning Kleinpeter about how many absentee ballots had already been cast in the May 16 U.S. House primaries and whether the votes would be counted.  

“Can you give the public certainty that those ballots will not be discarded?” Carter asked.

Kleinpeter said Louisiana Secretary of State Nancy Landry, no relation to the governor, was the appropriate official to answer his question, but she was not in attendance. 

Carter continued his questioning, asking Kleinpeter if he was personally concerned about the status of his own ballot. 

“Have you voted yet?” Carter asked.

“I don’t have to answer that,” Kleinpeter responded. 

Surprised by the rapid-fire questions from the generally soft-spoken Carter, Kleinpeter called for a recess, which eased tensions enough for the meeting to resume after several minutes. 

Kleinpeter told Carter he would make sure the secretary of state was made aware of his questions, and that she or someone from her office would attend the committee’s next meeting, which is scheduled for Wednesday.

Nancy Landry has declined to answer questions related to the U.S. Supreme Court ruling, explaining that the case, Callais v. Louisiana, is still in litigation after being returned to the federal district court where it originated. There are also ongoing legal challenges to the governor’s order to postpone the U.S. House primaries.

The rest of Friday’s hearing saw tempers flare among senators and protesters, with chants of “shut it down” heard from attendees watching from the Senate committee hall corridor and adjacent overflow rooms.

The discussion grew particularly heated when state Sen. Jay Morris, R-West Monroe, presented his congressional map that eliminates both majority-Black U.S. House districts. Morris, who is white, said his proposed boundaries don’t prevent a Black candidate from winning one of the state’s six seats. 

“I didn’t draw it with the intention to draw it 6-0,” Morris said. “I left race out of it … It’s intended to comply with the Supreme Court in Callais.”

Carter began a fiery exchange with Morris about legislation the West Monroe senator sponsored this session to eliminate the Orleans Parish clerk of criminal court and eliminate several of its judgeships. Gov. Jeff Landry signed the clerk bill into law, preventing exonerated “prison lawyer” Calvin Duncan, who is now an actual attorney, from assuming office. Morris’ measure paring back the Orleans judges’ roster awaits House consideration.  

“Let’s look at the totality of your work,” Carter told Morris. “Your work has eliminated the elected seat of an African American in the city of New Orleans. Your work has eliminated the political power of numerous elected officials in the city of New Orleans.”

Morris said his legislation is meant only to consolidate Orleans Parish’s dual court systems for civil and criminal cases, the only one of its kind in the state.

Carter and Morris began speaking over each other, prompting Kleinpeter to call another recess, which cut off the microphones and the Capitol’s live video feed. 

“Put my microphone back on!” Carter yelled. “He’s suggesting he’s not racist. I suggest we look at his work.”

“You are out of line,” Kleinpeter said.

 

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The sergeants-at-arms intervened, trying to calm the room as Carter and Morris both stood up to leave. As Morris walked away, he turned to the spectators seated behind him, all against his proposals, and said, “Y’all need to shut up.” 

“I was frustrated when, as I was trying to answer questions from committee members, people in the audience directly behind me were continuing to comment and talk loudly enough so that it was hard for me to concentrate and answer questions,” Morris said in a statement issued after the hearing.  

As Carter and Morris both left the committee room for another recess, the crowd in the hallway  chanted “let him speak,” referring to Carter. Sergeants-at-arms stood guard on each side of the committee room’s two sets of double doors, refusing to let anyone enter or exit. 

@wesleysmuller Protestors try to barge into Senate hearing on congressional redistricting #livehighlights #tiktoklive ♬ original sound – Wes Muller

One protester, Mike McClanahan, the NAACP’s state conference president, managed to open the door and try to enter, but guards physically forced him back into the hall and shut the doors.

McClanahan was eventually allowed into the room once the commotion had settled down. In a later interview, he said he just wanted to see what was going on because the live feed was cut off.

“This is the people’s house,” McClanahan said. “We have the right to hear every single thing, especially while the session’s going on in our house. So I was just trying to tell them, ‘Let the people speak. Let the people speak.’ Because we need to hear. We want to hear.”

Morris did not return to the hearing and did not respond to a phone call later Friday. 

In a meeting that went on for about six hours, the committee heard from several voting rights advocates. 

Before the second recess, all four of Louisiana’s Black congressmen, past and present, since the Reconstruction era spoke to the committee: current U.S. Reps. Troy Carter, D-New Orleans; Cleo Fields, D-Baton Rouge; and former Congressmen William Jefferson and Cedric Richmond.

Troy Carter’s 2nd District seat would be eliminated in the version of the map Kleinpeter has said lawmakers are most likely to advance. The congressman is the uncle of state Sen. Gary Carter.

“Today, here in Louisiana we’re being tested and the whole world is watching,” Troy Carter said. “The question before us is not merely about lines on a map. The question before us is whether we will honor the principle that every citizen deserves equal protection of the law.”

The day after the U.S. Supreme Court crippled the federal Voting Rights Act, NAACP President and CEO Derrick Johnson addressed a virtual gathering for the group’s members and supporters where he ranked the landmark decision alongside the court’s most infamous cases.

Dred Scott excluded Black people from American citizenship ahead of the Civil War. Plessy blessed policies of racial segregation in 1896. And now there was Callais. 

The opinion will “probably go down in the history book as one of three of the worst Supreme Court decisions in the history of this nation,” Johnson said.

The Supreme Court’s 6-3 ruling in Louisiana vs. Callais on April 29 cleared states to split apart, for political gain, congressional districts where a majority of residents belong to minority groups. The court’s conservative majority said Louisiana lawmakers acted unconstitutionally when they intentionally created the state’s second majority-Black district, which the justices found unnecessary.

A week after its release, the decision is roiling politics across the South as states move at a rapid pace to recast the political landscape that has taken progressives by surprise. 

Republicans, triumphant over their victory at the court, are rushing fresh gerrymanders through Southern statehouses in time for the November midterm elections in an effort to strengthen their party’s control over the region’s U.S. House delegations. They’re acting at lightning speed, over loud protests, and have nullified votes by suspending ongoing elections.

Democrats, especially Black residents, are furious with both the court and GOP politicians, who they believe are poised to wipe away decades of Black political progress in the region. The new maps that seek to oust Black members of Congress and prevent the election of Democrats in the future recall a Jim Crow past of literacy tests and poll taxes, they say.

“We refuse to let you kill us by killing our vote,” Eliza Jane Franklin, a resident of rural Barbour County, Alabama, told a state House hearing Tuesday.

Decision kicked off legislative efforts

The Alabama Legislature is moving to authorize a special primary election using a congressional map currently blocked in federal court, if a district court or, ultimately, the Supreme Court allows the state to move forward. At least one of the state’s two Black members of the U.S. House would be vulnerable.

In Louisiana, the governor has suspended the state’s primary elections for the U.S. House, setting aside some 42,000 votes that were already cast. Republican lawmakers will begin advancing a new gerrymander in a matter of days, aiming to force out at least one of the state’s two Black House members.

Florida Republican Gov. Ron DeSantis signed a new map into law Monday that aims to hand his party up to four additional U.S. House seats. State lawmakers approved the map hours after the Supreme Court’s decision. The map has already drawn multiple legal challenges.

The South Carolina Legislature is weighing whether to redraw maps. And Tennessee lawmakers want to gerrymander a Memphis district currently held by U.S. Rep. Steve Cohen, a white Democrat who represents the state’s only majority-Black district. 

“The Supreme Court has opined that redistricting, like the judicial system, should be color-blind,” Tennessee House Speaker Cameron Sexton, a Republican, said in a statement Thursday unveiling a plan to divide the Memphis area among three congressional seats.

More states, in the South and elsewhere, are expected to pursue new maps over the next two years. Georgia Republican Gov. Brian Kemp ruled out a special session this year, for example, but supports redistricting before the 2028 election. 

The current moment represents an extraordinary time in America, said Rebekah Caruthers, president and CEO of Fair Elections Center, a nonpartisan voting rights group. But she also called it a reversion “back to America.”

Many thought the presence of Black, Hispanic and Asian American elected officials somehow meant racial discrimination no longer existed, she said.

“And unfortunately, that is a misread of American history,” Caruthers said. “And perhaps it is a retelling of American history for those who want to gloss over America’s very sordid past, especially when it comes to voting rights.”

Midterms impact

The scramble by a handful of Southern states to redraw districts comes as Republicans grasp for any scintilla of advantage ahead of the midterm elections in November. 

A U.S. House under Democratic control would spell the end of much of President Donald Trump’s legislative agenda, produce a wave of investigations into his administration and potentially lead to a vote to impeach him in the House, though the Senate would almost certainly acquit him.

“This is all about Donald Trump wanting to avoid hard questions and oversight hearings about his actions,” Cohen said at a news conference in Memphis.

Seth McKee, a political science professor at Oklahoma State University who has studied Southern politics, said Republicans are attempting to “staunch the bleeding” ahead of unfavorable midterm elections.

“The desperation of this Republican Party, it’s off the charts,” McKee said.

Redistricting push supercharged

Prior to Callais, Trump had already urged Republicans to redraw congressional maps for partisan advantage — a process that typically occurs once a decade after the census. 

Missouri, North Carolina, Ohio and Texas enacted more GOP-friendly maps, while Democrats struck back in California and Virginia. In Utah, Republicans want to block a court-ordered map that’s more favorable to Democrats.

Republican primary voters have given their approval to that approach. On Tuesday, five Trump-endorsed state legislative candidates in Indiana defeated GOP incumbents who had defied the president to block a gerrymander in the state last year.

But until now the Voting Rights Act limited how far that gerrymandering push could extend.

For decades, Section 2 of the 1965 Voting Rights Act helped protect majority-minority districts from gerrymandering and ensured voters could elect Black candidates to Congress in Southern states following the end of state laws that blocked Black citizens from voting. The Callais opinion guts Section 2 by curtailing the consideration of race when drawing legislative maps.

Republicans have praised the decision and many have been clear that they believe the opinion opens up a path to securing additional GOP seats. Trump has endorsed disregarding primary elections that have already been held so that states can pass new maps — which he predicts can net Republicans an additional 20 seats this fall.

“We cannot allow there to be an Election that is conducted unconstitutionally simply for the ‘convenience’ of State Legislatures,” Trump wrote on Truth Social. “If they have to vote twice, so be it.”

Calls for GOP seats

Over the past week, some Republicans have cast majority-minority districts previously protected by the Voting Rights Act as racist because they were drawn with attention paid to the racial makeup of the map. U.S. Sen. Eric Schmitt, a Missouri Republican, wrote on X that there are “no more excuses for keeping racist maps,” for example, and called for their immediate removal.

Other GOP leaders have centered their case for quick action on political power. Like Trump, they have explicitly invoked control of the U.S. House as a reason to gerrymander. While Republicans have the House, their margin of control is razor thin: 217 to 212, with one independent and five vacancies. Even a modest Democratic wave in November will likely sweep away GOP control.

Alabama Senate President Pro Tem Garlan Gudger Jr. and House Speaker Nathaniel Ledbetter said in a joint statement that the state’s lawmakers have a responsibility to offer Alabama a “fighting chance” to elect seven Republican U.S. representatives. Two of the state’s seven districts are held by Democrats.

“Control of the U.S. House of Representatives could come down to just a handful of seats, and when the dust settles, the people of Alabama will know that their Legislature stood firm, acted decisively, and did everything within its power to fight for fair representation,” Gudger and Ledbetter said.

Alabama Republicans want to use a map passed by lawmakers in 2023 that federal courts blocked from taking effect. Alabama’s current map was drawn by a court-appointed special master.

Alabama Attorney General Steve Marshall, a Republican, asked a federal district court Tuesday for an order that would let the state move forward with the gerrymander.

In Louisiana, Republicans obtained special permission from the Supreme Court to quickly move forward on a new gerrymander after the justices struck down its current map in the Callais decision.

Absentee voting was already underway in Louisiana before Republican Gov. Jeff Landry suspended congressional primary elections set for May 16. Votes already cast for U.S. House candidates won’t count, Republican Secretary of State Nancy Landry, no relation, has said.

Louisiana state lawmakers are set to begin work on a new map this month that will likely break apart a New Orleans district held by U.S. Rep. Troy Carter, a Black Democrat who has fought with the governor.

“The Court’s decision in these cases has spawned chaos in the State of Louisiana,” Justice Ketanji Brown Jackson, one of the Supreme Court’s three liberal justices, wrote in a dissent of the decision to quickly finalize Callais.

Court challenges

Still, Democrats and other opponents of the gerrymandering effort across the South are turning to the courts. Lawsuits have also been filed challenging the suspension of Louisiana’s congressional primaries and Florida’s new map also faces court challenges.

A petition filed in Louisiana state court by Elias Law Group, a major Democrat-aligned voting rights litigation firm, alleges the governor’s decision to halt the congressional primary is unlawful and unprecedented. Only the state legislature has the power to set the state’s election schedule, the petition argues.

“Governors do not get to cancel elections by executive fiat, least of all elections that are already underway, with ballots in voters’ hands and votes already cast,” Lali Madduri, a partner at Elias Law Group, said in a statement.

Regardless of how the legal challenges play out, Democrats say the Callais decision and the ongoing fallout from the decision underscore the need for massive voter turnout in the November election. A large Democratic turnout that results in a significant Democratic majority in the U.S. House would serve as a rebuke to Trump’s gerrymandering campaign, they say.

Blue state gerrymanders

U.S. Rep. James Clyburn, South Carolina’s sole congressional Democrat, said during the NAACP virtual meeting that a Democratic House could pass voting rights legislation. 

“I would hope we could do that because I really think that’s our only hope legislatively,” Clyburn said.

Democrats have long called for the passage of a bill to restore preclearance, a major element of the Voting Rights Act that the Supreme Court paused in 2013, which required states and local governments with a history of racial discrimination to obtain federal permission before making voting changes. 

But the measure would face a certain filibuster in the U.S. Senate. Even if Democrats broke a filibuster, Trump would likely veto it. 

In effect, Democrats’ most realistic opportunity to enact major voting rights legislation relies on regaining control of the White House and Congress and ending the filibuster — a set of conditions that’s out of reach until at least 2029.

In the meantime, more Democrats are calling for aggressive gerrymandering of blue states as a way to punch back. U.S. House Minority Leader Hakeem Jeffries and Rep. Joseph Morelle, both New York Democrats, on Monday announced an initiative to encourage their state to redraw congressional districts ahead of the 2028 election.

Gerrymandering New York would be an intensive effort, likely requiring voters to repeal or suspend anti-gerrymandering provisions in the state constitution. But voters in California and Virginia have previously endorsed Democratic gerrymanders.

“This is just the beginning,” Jeffries said in a statement. “Across the nation, we will sue, we will redraw and we will win.”

WASHINGTON — Voters, including those within the Make America Healthy Again movement, say the rising cost of healthcare is a significant concern that will have an impact on whom they support in November’s midterm elections, according to a poll released Wednesday by KFF. 

Sixty-one percent of respondents to the survey, which asked how important several health-related issues were, said the price of healthcare will have a major impact on which party they support as control of Congress hangs in the balance.

Among MAHA voters, who are predominantly Republicans but also include independents and some Democrats, 42% said cost is their top issue heading into the elections. 

“While the issue of health costs is more salient for Democratic voters than for Republicans, larger shares across partisans say health costs will have a major impact on their voting decisions than say the same about vaccine policy or food safety,” the survey said. 

Seventy-two percent of Democrats, 63% of independents and 47% of Republicans said the cost of healthcare will have a major impact on which party’s candidate they vote for. 

Vaccine policy came in next, with 57% of Democrats, 46% of independents and 32% of Republicans surveyed saying it will have a major impact on their choice. 

Issues related to food safety came in third after 43% of Democrats, 40% of independents and 38% of Republicans responded that it will have a major impact on their choice of candidate.  

MAHA issues 

For MAHA voters, twice as many listed health costs as their first priority than the next issue: restricting the use of certain chemical additives in food, which was a key concern for 21%.

Ten percent were interested in politicians who will reevaluate vaccine approvals, 8% want lawmakers to limit corporate interest in food and 8% want Congress to limit the use of pesticides in agriculture. Eleven percent said none of those or had no answer. 

The survey showed that a significant majority of Americans across the political spectrum believe the government hasn’t done enough to address chemical additives in food or pesticide use in agriculture, two core demands of MAHA supporters.  

“The public perception that there is not enough regulation may be rooted in broader skepticism toward the industries themselves,” the survey said. “Most U.S. adults do not trust pharmaceutical companies, food and beverage companies, or agricultural companies to act in the public’s best interest.”

Doctors and healthcare providers were the most trusted source of information at 70%, followed by agriculture companies at 40%, food and beverage companies at 25% and pharmaceutical companies at 21%. 

Seventy-five percent of those polled said the government hasn’t done enough to regulate chemicals in food, while 65% said it should do more to regulate pesticides in agriculture. 

The poll of 1,343 U.S. adults took place from April 14 to April 19. It has a margin of error of 3 percentage points for the full sample and 6 percentage points for MAHA supporters.

Responding to President Donald Trump’s pressure, Tennessee Gov. Bill Lee has called a special session to redraw the state’s U.S. House map as the party tries to eliminate the only Democratic-held seat in Memphis.

Lee is calling on state lawmakers to return to the state Capitol on May 5 to pass a new Tennessee U.S. congressional district map, less than two weeks after the state legislature wrapped its annual session.

On Wednesday, the U.S. Supreme Court struck down a key provision of the Voting Rights Act that no longer requires Tennessee and other southern states to create majority-minority districts in their U.S. House and state legislature district maps.

Tennessee, with a Black population of around 16%, was previously required by the Voting Rights Act to draw at least one of its nine congressional districts as majority-minority, effectively helping Democrats hold on to a Memphis-based seat.

“We owe it to Tennesseans to ensure our congressional districts accurately reflect the will of Tennessee voters,” said Lee in a news release. “After consultation with the Lt. Governor, Speaker of the House, Attorney General, and Secretary of State, I believe the General Assembly has a responsibility to review the map and ensure it remains fair, legal, and defensible.”

Lawmakers need to move fast to change the maps before the 2026 midterm elections, as Tennessee’s Congressional primaries will be held on Aug. 6. The qualifying deadline to run in those elections has already passed, and campaigns are in full swing

Republicans currently hold an 8-1 advantage in congressional seats over Democrats. Tennessee is a Republican stronghold that Trump won with around 64% of the vote in 2024. But if party representation were equally distributed without gerrymandering, Democrats would likely hold two or three of the state’s U.S. House seats.

The Republican advantage is even stronger in the state legislature. Republicans control 75% of the state House seats and 81% of the state Senate.

Tennessee Republicans in 2022 were legally able to eliminate a Democratic-held seat in Nashville by splitting it across three congressional districts. This led Democrats to lose the 5th district seat, which the party had held since the end of the 1870s Reconstruction era.

Tennessee U.S. Sen. Marsha Blackburn, a Republican running for governor this year, shared a photo on social media of a map showing the GOP winning all nine congressional districts by large margins.

The Lookout, using the nonpartisan Dave’s Redistricting, was able to replicate a similar map to the one Blackburn proposed, but not with the same margins she posted. Based on the 2024 Presidential election, Republicans could achieve a 9-0 outcome, essentially cracking Nashville and Memphis, but would shrink their margins in almost every district.

The map created by the Lookout shows nine districts where Republicans won 60% of the vote based on the 2024 Presidential election. But now six districts would have Republican advantages of less than 12 percentage points, compared to the current two.

Blackburn’s map appears to be based on the 2024 presidential election margin, not the Republican percentage of the vote over 50%, which is how nonpartisan organizations like Cook Political Report rate districts.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

Florida Gov. Ron DeSantis’ office on Monday invoked an upcoming landmark U.S. Supreme Court decision on the role of race in drawing congressional districts to justify the Republican’s proposed gerrymander.

“The use of race in redistricting should never happen,” the governor’s general counsel, David Axelman, wrote in a memo unveiling a map that aims to hand Republicans four additional U.S. House seats in Florida.

On Wednesday, the Supreme Court delivered an opinion sharply weakening a major portion of the federal Voting Rights Act.

Even before the decision, Republicans and Democrats across the country were scrambling to get ahead of the court’s anticipated ruling. 

The rush comes even as state legislative sessions wind down and the window to redraw maps rapidly closes ahead of the midterm elections in November — likely pushing most redistricting battles into the 2028 election cycle.

The opinion in the case, Louisiana v. Callais, could reverberate for decades. The court’s conservative majority significantly curtailed the consideration of race when drawing legislative maps. 

Until now, Section 2 of the Voting Rights Act has limited states from using maps that dilute the voting power of minority citizens.

“If the Supreme Court does decide to gut or significantly weaken Section 2 of the VRA, we’re very concerned that it would give, basically, the green light to states to racially gerrymander,” Michael McNulty, policy director at Issue One, a group focused on protecting American democracy, said in an interview ahead of the decision.

Republicans could ultimately secure up to 19 U.S. House seats nationally directly because of the Supreme Court’s decision, according to a projection by Fair Fight Action, a Georgia-based progressive voting rights group, and the Black Voters Matter Fund, which advocates on behalf of Black voters. At the state level, the groups have projected that Republicans could gain up to 200 state legislative seats across the South. 

“It is hard to overstate what an earthquake this will be for American politics,” Rick Hasen, a professor at UCLA School of Law and director of the Safeguarding Democracy Project, wrote in a blog post following the opinion’s release on Wednesday.

Louisiana case

A group of white voters challenged Louisiana’s congressional map as an unconstitutional racial gerrymander after the state in 2024 created a second district where a majority of voters are Black. 

The U.S. Supreme Court’s conservative justices agreed, ruling 6-3 that the map is an unconstitutional racial gerrymander because the state didn’t need to create a second majority-minority district.

In the majority opinion, Justice Samuel Alito wrote that “none of the historical evidence presented by plaintiffs came close to showing an objective likelihood that the State’s challenged map was the result of intentional racial discrimination.”

Justice Elena Kagan, one of the court’s three liberal justices, wrote in a dissent that the Supreme Court has “had its sights set” on the Voting Rights Act for more than a decade.

“Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power,” Kagan wrote.

Following the opinion, Republican-led legislatures across the South are expected to move to break apart Democratic districts where a majority of residents are Black or from other minority groups. 

U.S. Sen. Marsha Blackburn, a Tennessee Republican, called on the state legislature to reconvene and redraw the state’s congressional districts to create another Republican-held seat in Memphis. Blackburn, who is running for governor, said an additional seat is essential to cement President Donald Trump’s agenda.

Mississippi Republican Gov. Tate Reeves last week announced a special session to redraw the state’s Supreme Court districts, to begin 21 days after the court releases its decision.

“It is a decision that could (and in my view should) forever change the way we draw electoral maps,” Reeves said in a statement announcing the session.

Although the Supreme Court case centered on Louisiana, state officials are likely out of time to adopt a new map for this year’s election. The primary election is set for May 16.

Still, Louisiana will be free to pursue redistricting next year.

U.S. Rep. Troy Carter, Sr., a Democrat who represents one of the state’s two majority-minority districts, said the court’s decision was a “devastating blow” to the promise of equal representation.

“This ruling is about far more than lines on a map — it’s about whether Black Louisianians will have a meaningful opportunity to make their voices heard,” Carter said in a statement.

The redistricting wars of 2026

As of 2024, roughly a third of U.S. House seats represented majority-minority districts — 122 held by Democrats and 26 held by Republicans, according to estimates by Ballotpedia. Texas and California account for nearly half of all the districts.

Seven states have already taken the extraordinary step of redrawing their maps this year after President Donald Trump urged Republicans to draw lines that maximize partisan advantage ahead of the midterms. Maps are typically redrawn every 10 years after the census.

Texas and California struck first, followed by Missouri, North Carolina, Ohio and Utah. Virginia voters last week approved a redraw, and Florida lawmakers approved a new map Wednesday. 

All told, Republicans may emerge from the redistricting war with a small net advantage of a handful of seats if the Florida plan is enacted and the other maps are upheld.

The calendar will prove a major obstacle to additional gerrymanders this year. Primary elections have already been held in some southern states and ballots have been distributed in others. 

Mississippi, North Carolina and Texas have already held primaries, while ballots have been distributed in Alabama, Georgia and South Carolina. 

But after November the clock resets, giving states more than a year to pursue further changes to their maps before the 2028 election.

“We are much more concerned about the impact on 2028 and beyond that that would have, letting these politicians basically just pick their voters instead of the voters picking them,” McNulty said.

John R. Lewis bill

As Democrats look ahead to Callais’ likely fallout in the coming years, they have begun urgently calling for action in Congress and at the state level. They also say the decision emphasizes the stakes of this year’s elections.

“Today is a devastating day for democracy and a wake-up call for all those who seek to protect it,” Heather Williams, president of the Democratic Legislative Campaign Committee, said in a statement.

Democrats in Congress have repeatedly offered the John R. Lewis Voting Rights Advancement Act. Named after the civil rights activist and Georgia congressman who died in 2020, the legislation aims to strengthen Section 2 and other elements of the current Voting Rights Act, though it’s unclear whether the bill would be constitutional under the Callais decision.

The U.S. House, under Democratic control, passed the legislation in 2021 but it was filibustered in the Senate. Some lawmakers are speaking about the measure again, and Democrats may take control of Congress in November’s elections—though they would still face President Donald Trump in the White House. 

“We can and must revive the Voting Rights Act,” Rep. Terri Sewell, an Alabama Democrat and the ranking member of the House Administration Subcommittee on Elections, said at a shadow hearing on voting rights on Monday.

For their part, Republicans hailed the Supreme Court decision as long overdue.

U.S. Rep. Richard Hudson, a North Carolina Republican who chairs the National Republican Congressional Committee, in a statement said “activists” for too long had manipulated the redistricting process to achieve political outcomes, dividing Americans in the process.

“The Supreme Court made clear that our elections should be decided by voters, not engineered through unconstitutional mandates,” Hudson said.

Voting Rights Act over the years

Over more than a decade, the Supreme Court has narrowed the potency of the Voting Rights Act, a 1965 law banning racial discrimination in voting that came as Congress battled Jim Crow laws in southern states. 

The measure was intended to help enforce the U.S. Constitution’s 14th and 15th amendments, which guarantee equal protection under the law and prohibit denying the right to vote on the basis of race.

In 2013, the court effectively halted preclearance — the requirement that some states and local governments with a history of discrimination obtain federal permission before changing their voting practices. At the time of the decision, most southern states and a handful of others were subject to preclearance.

The Supreme Court in 2019 ruled that federal courts cannot review allegations of partisan gerrymandering. The decision cleared the way for state lawmakers to gerrymander their maps for political advantage without fear they would be second-guessed by federal judges. 

The opinion helped empower a wave of gerrymanders after the 2020 census and set the stage for this year’s mid-decade redistricting.

Turning to the legislatures

Facing a bleak federal landscape, some voting rights advocates are increasingly turning to state legislatures. The Supreme Court decision undercutting Section 2 of the Voting Rights Act will likely intensify efforts to advance state-level legislation.

“Because political participation is inherently local, it is imperative to press for protections at the ground level,” Todd Cox, associate director counsel at the Legal Defense Fund, a racial justice legal organization, said at the shadow hearing.

Some Democratic state lawmakers already introduced measures in anticipation of an unfavorable Supreme Court decision.

The Illinois House last week approved a state constitutional amendment that would require districts to be drawn “to ensure that no citizen is denied an equal opportunity to participate in the political process and to elect representatives of his or her choice on account of race.”

The Illinois amendment would also require, where practical, the creation of racial coalition or influence districts — terms that refer to districts where racial minorities together constitute a majority of residents. The measure, which must also pass the state Senate before going to voters, was a pre-response to the Callais opinion.

“This will ensure that Illinois will always recognize the fundamental principle that a democracy of the people, by the people and for the people must include all the people,” Illinois Democratic House Speaker Emanuel Welch told reporters after the amendment advanced.

Illinois Republicans have cast the amendment as a Democratic power grab. The state has some of the most gerrymandered maps in the nation, Illinois House Minority Leader Tony McCombie, a Republican, said in a statement. The Princeton Gerrymandering Project has given Illinois’ maps an overall “F” grade.

“Let’s be clear: this has nothing to do with strengthening democracy,” McCombie said. “It’s about locking in one-party control at any cost.”

Republican lawmakers and candidates across the country have escalated their anti-Islam rhetoric in recent months, a strategy aimed at energizing voters by claiming without evidence that Muslim culture and religious tenets threaten American political values.

Political observers say Republicans are seizing on anti-Islamic sentiment to gin up enthusiasm among their voters as they head into the 2026 midterm elections. It’s been a successful campaign strategy in the past.

Aggressive enforcement tactics have soured many Americans on hard-line immigration policies, once a winning issue for conservatives, and GOP victories on abortion and transgender rights have blunted the electoral power of those issues.

Instead, GOP candidates in some of the highest-profile political races in the country are putting Islam and the nebulous threat of Shariah at the center of their campaigns.

Shariah is a religious code derived from the Quran and the teachings of Prophet Muhammad that addresses moral, spiritual and daily life for Muslims. But the term has become shorthand, in some conservative circles, for anything having to do with Islam or with Islamic extremism.

Critics say conservative politicians have made Muslims a political bogeyman in their fight to hang onto power. Muslims say the rhetoric misrepresents their values and endangers their communities.

“I worry this will harm freedom, which is the very value some of these politicians are claiming to protect,” said Mustafa Akyol, a senior fellow at the Center for Global Liberty and Prosperity at the Cato Institute, a libertarian think tank. Akyol is Muslim, and his research focuses on public policy and Islam.

“To think that American Muslims, which make 1% of the whole population, can enforce Shariah or force it on other people, that’s a very exaggerated claim.”

Up and down the ballot, Republicans have spent about $12 million since last year on ads that negatively mention Islam, Muslims or Shariah, according to AdImpact, an ad tracking firm.

Former Alabama Supreme Court Justice Jay Mitchell, now running for Alabama attorney general, recently released a campaign ad inviting supporters of “radical Islam” to “Allah Akbar your butt all the way back to the Middle East.”

In Georgia, Republican state Sen. Greg Dolezal, a candidate for lieutenant governor, released an AI-generated campaign ad last month depicting Muslim people invading a suburban neighborhood. In a post on X sharing the video, he described Muslims as “invaders who would rather pillage our generosity than assimilate.”

Officials in Alabama and Oklahoma have quashed efforts by Muslim groups to expand into larger facilities after those proposed developments attracted the attention and ire of conservative politicians. And Florida’s Republican-dominated legislature this year enacted laws allowing a handful of state officials to designate certain groups as domestic terrorist organizations.

At the federal level, incumbent Republican U.S. Sen. John Cornyn released a $1.6 million political ad earlier this year that claims “radical Islam is a bloodthirsty ideology” and says “Shariah law has no place in American courts or communities.”

There’s even a Sharia-Free America Caucus in Congress, launched last December by Republican Texas Reps. Keith Self and Chip Roy. It currently has more than 60 members spanning 25 states, according to Self. He called it “a noble cause to save Western Civilization and fight back against the threat of Sharia” in a January press release.

Akyol, of the Cato Institute, likens the furor to the American panic over communism in the 1950s that culminated in Wisconsin Republican Sen. Joseph McCarthy’s efforts to root out communist infiltration in the U.S. government and other spheres of power.

Those efforts “led to the crackdown on public freedoms in America like civil liberties, freedom of speech,” Akyol said. “Luckily that ended, but this seems like a McCarthyism 2.0 era where the issue now is not communism, but Islam.”

Years of legislation

Republicans say they’re responding to voter concerns and trying to preempt the possibility that religious or foreign political codes might creep into the U.S. legal system, jeopardizing free speech or due process.

Oklahoma state Sen. David Bullard is working with fellow Republican state legislators on a constitutional amendment that would bar courts and municipalities in Oklahoma from using any foreign law or religious code that would undermine the U.S. or Oklahoma constitutions. Similar efforts have been made this year in Arkansas, Missouri and other states.

Bullard said he’s heard from constituents who are concerned about a growing threat of other cultures “trying to forcefully usurp” American culture.

“Those are definitely Eastern ideas that don’t mix with Western culture, and the Constitution is created wholeheartedly on that Western culture concept,” he told Stateline.

He notes that his amendment doesn’t mention Shariah and does not single out Muslims.

Conservatives have been pushing similar state legislation for more than a decade. Since 2010, at least nine states have enacted laws aimed at preventing courts from enforcing foreign legal codes, including a 2014 constitutional amendment in Alabama.

When asked about examples of the kinds of instances he’s trying to prevent, Bullard cited a 2009 case in New Jersey in which a judge refused to give a woman a protective order after her husband repeatedly assaulted her, saying the husband was acting on his religious interpretation of Shariah. The ruling was overturned the following year.

“I think more and more people in Oklahoma are calling on us to protect them from that,” he said.

But even the most vocal proponents of anti-Shariah measures have struggled to explain how it could replace the American legal system or why more laws are needed to curb it. The establishment clause of the U.S. Constitution already prohibits the government from favoring one religion over another, or forcing adherence to a religious code.

Standing at a podium with a sign emblazoned with a line through the words “Sharia Law,” Florida Republican Gov. Ron DeSantis conceded during a news conference earlier this month that there isn’t an immediate threat of Shariah becoming the basis for Florida law.

“Of course that won’t happen any time soon,” DeSantis said. “But the more that we’re able to do to protect against that, I think, is going to benefit Floridians for many, many years.”

Real-world worry

The Islamic Academy of Alabama has operated as a K-12 private school near Birmingham for nearly three decades. But in December, local leaders of a nearby suburb denied the school’s request to relocate to a larger facility there. Alabama U.S. Sen. Tommy Tuberville, a Republican who’s running for governor and who has railed against Islam on the Senate floor and social media, called for the school to move out of Alabama.

School officials declined Stateline’s interview request but said they remain focused on supporting the education, well-being and safety of their students and community. They’ve dropped their current relocation plans.

In Oklahoma, Republican Attorney General Gentner Drummond — who is running for governor — elevated a proposed expansion by the Islamic Society of Tulsa into a political issue when he announced an investigation into its funding. City leaders later denied the society’s application; Muslim leaders responded by hosting a community open house at their Tulsa mosque to connect with the community and promote a better understanding of their faith.

And in Texas, Attorney General Ken Paxton, who is challenging Cornyn for the GOP nomination in the state’s Senate race, sued over the proposed development of a large Muslim-centric community north of Dallas. He called it a “radical plot to destroy hundreds of acres of beautiful Texas land and line their own pockets” and claimed it was unlawfully reserved only for Muslims.

Although the group initially advertised that sales would be limited to certain people, representatives for the development have since said it is open to anyone.

Shariah shorthand

While some lawmakers have made a distinction in their rhetoric between extremism and the Islamic faith, others have made sweeping, derogatory claims that denigrate and stereotype all Muslims.

Tuberville of Alabama has said: “Islam is not a religion. It’s a cult.” U.S. Republican Rep. Andy Ogles of Tennessee has said, “Muslims don’t belong in American society.” U.S. Rep. Randy Fine, a Florida Republican who’s cosponsoring an anti-Shariah bill in Congress, posted on X in February: “If they force us to choose, the choice between dogs and Muslims is not a difficult one.”

While politicians have invoked fears of extremism in their public comments, Akyol said American Muslims are the ones who are most worried.

“If the people who govern your state define you like that, what may come next?” he said. “Maybe a legal step against you, or some fanatic who really believes in that can take his machine gun and attack you.”

Much of the Islamophobic messaging has gone unchecked by other conservatives, a marked departure from previous leadership. In 2001, a few days after the Sept. 11 terrorist attacks, then-President George W. Bush visited a mosque in Washington, D.C., and met with Muslim community leaders, declaring “Islam is peace” and condemning retaliation against Muslim Americans.

Earlier this month, DeSantis signed a Republican-sponsored bill into law that allows a few state officials to label certain groups “domestic terrorist organizations.” The new law also bans Florida courts from enforcing religious laws and bars state funds from going to schools affiliated with groups designated as terrorist organizations. It does not specifically mention a religion, but cites Shariah as an example of the kind of religious laws it covers.

“You can have these groups that may not be waging physical war-type jihad,” DeSantis said earlier this month. He warned groups could wage “stealth” or “financial” attacks.

“To me, that’s still jihad and we’ve got to stop it, and this bill provides the structure to be able to do it.”

Critics say such laws also have the potential to harm any organization that finds itself at odds with a current administration.

“That is the danger of these laws, because they are specifically designed to silence political dissent,” said Wilfredo Ruiz, communications director at the Florida chapter of the Council on American-Islamic Relations, a national Muslim civil rights group. CAIR was one of two groups labeled as terrorist organizations by an executive order DeSantis issued in December.

The Biden administration criticized CAIR for statements made by its leadership after the Oct. 7, 2023, attacks in Israel, but the group denies that it supports terrorism.

CAIR Florida sued over DeSantis’ order, arguing it violated the group’s First Amendment right to free speech. In March, a federal judge blocked the order.

Ruiz said his organization has the resources to continue challenging such laws in court. But he said he worries about smaller groups, including those that aren’t Muslim but might be at risk of being declared a “terrorist group” by whoever is currently in power in Florida.

“Having that executive power with the capacity to name you a terrorist organization before you have been even accused criminally, much less convicted, this is an openly unconstitutional proposal.”

Stateline reporter Anna Claire Vollers can be reached at avollers@stateline.org.

The race by each party to redraw U.S. House districts in their favor could be headed for a draw after Tuesday’s big win for Democrats in Virginia, though major shifts are still possible before crucial midterm elections in November.

Virginia voters approved a constitutional amendment that clears the path for the state’s legislature, controlled by Democrats, to redraw congressional district lines to benefit Democrats in 10 of the commonwealth’s 11 U.S. House districts. 

That could net the party four new seats in Virginia, though state court cases challenging the proposal are still to be decided.

Former U.S. Rep. Debbie Mucarsel-Powell, a Florida Democrat who now leads the Graduate School of Political Management at The George Washington University, said the results showed a dissatisfaction with President Donald Trump and the nation’s capital in general.

“It sends a clear message to the administration, to the White House, to Washington, D.C., that they’re not happy with the status quo, with the policies that are coming out of Washington, that they want to see a change,” she said in an interview Wednesday.

After 10 months of bitter back-and-forth that began with Trump urging Texas Republicans to revise their congressional map to help gain seats in the House, neither party has netted a significant advantage.

But the tit-for-tat may have a lasting harmful effect on U.S. democracy, experts said.

If Virginia’s proposal goes into effect, Democrats would be favored in one more House district nationwide than they had been in 2024, according to the nonpartisan election research organization Ballotpedia.

Further changes, including the Florida Legislature potentially redrawing its House map and a U.S. Supreme Court decision to gut the federal Voting Rights Act’s protection of majority-Black districts in Southern states, could tilt the advantage back to the GOP. 

Republicans narrowly control the chamber now, 217-212, with one independent and five vacancies after Georgia Democrat David Scott died Wednesday. 

The president’s party typically loses House seats in midterm elections, and Trump’s sagging poll numbers and the results of special elections do not suggest anything different this year.

Good for Democrats, bad for democracy

Elected Democrats largely framed the Virginia results as a win for free and fair elections.

“Virginia voters have spoken, and tonight they pushed back against a President who claims he is ‘entitled’ to more Republican seats in Congress,” Virginia Gov. Abigail Spanberger, a Democrat, wrote on X.

But the entire cycle could deepen political polarization, leading to less compromise and policymaking in Congress and ceding power to the executive branch, Erik Nisbet, the director of the Center for Communication & Public Policy at Northwestern University, said Wednesday.

“There were some quotes today from some leading Democrats about how you can’t bring a knife to a gunfight, and this is the only way to, like, save democracy, and sort of rationalizing it,” he said. “It’s still bad for democracy long term… It means that Congress, long term, is even more polarized and ineffectual.”

Mucarsel-Powell, who represented one of the country’s few competitive House districts, also said redistricting would make legislating more difficult.

“Redistricting doesn’t necessarily help the country overall,” she said. “As we continue to become more polarized, I think that having these maps being redrawn to favor one or the other party is just going to deepen the polarization. I think it makes it more difficult for members to be able to reach consensus. I’ve seen it, right? When you represent a solid red or a solid blue district, there’s really no incentive to compromise.”

Republicans sour on Virginia result

Republicans, from Trump on down, complained Wednesday that the result was unfair because it could give Democrats 91% of the U.S. House seats in a state where the party’s most recent presidential candidate gained only 52% of the vote.

In a post to his social media site Wednesday afternoon, Trump said the result was illegitimate — repeating, without evidence, his frequent assertion in elections he has lost that mail ballots were fraudulent — and called for courts to “fix” the result.

“A RIGGED ELECTION TOOK PLACE LAST NIGHT IN THE GREAT COMMONWEALTH OF VIRGINIA!” Trump wrote. “All day long Republicans were winning, the Spirit was unbelievable, until the very end when, of course, there was a massive ‘Mail In Ballot Drop!’ Where have I heard that before — And the Democrats eked out another Crooked Victory!”

Questionable strategy

But the proposed Virginia map would only even the playing field after Trump initiated a rare mid-decade redistricting cycle last year by asking Texas officials to redraw the state’s districts. 

Texas’ new map could net Republicans five more House seats. But its creation kicked off an arms race that included California drawing five new Democratic-leaning districts, effectively neutralizing Texas’ move. 

Legislatures in Missouri and North Carolina then voluntarily redrew their maps, while an Ohio constitutional amendment and a Utah Supreme Court decision led to new district lines in those states.

Ari Fleischer, a former White House press secretary under Republican President George W. Bush, bemoaned the Virginia results but called them a self-inflicted wound. States should stick to redistricting once a decade after a census, he said, blasting the GOP strategy to attempt mid-decade redistricting in some states.

“The GOP will now lose net seats across the country. If you’re going to pick a fight, at least win it. The other side will always fight back,” he wrote. “All this was foreseeable and avoidable. We should not have started this fight.” 

Fleischer linked to a post he’d written in August criticizing the GOP effort in Texas as that state geared up for a vote on the new map. “Mid-census change” was not the way to win more seats in the House, he’d said.

National Democrats celebrated.

“House Democrats have crushed Donald Trump’s national gerrymandering scheme,” House Minority Leader Hakeem Jeffries of New York wrote on social media Tuesday night. “Maximum warfare, everywhere, all the time.”

What’s next?

Two more decisions could further alter the landscape for U.S. House races before November.

The U.S. Supreme Court heard arguments last year in a case challenging a Voting Rights Act provision that has been interpreted to require majority-Black districts in Southern states equal to their population. Louisiana is challenging a lower court ruling that threw out a map in which only one of the state’s six districts was majority-Black, though Black people make up about one-third of the state’s population.

Depending on the scope and timing of the conservative court’s ruling, several safe Democratic seats in the South could be in jeopardy.

And in Florida, Republican Gov. Ron DeSantis called the state legislature into a special session, scheduled to begin next week, to consider a redistricting effort and other issues.

‘Dummymanders’?

Florida Republicans have not fully endorsed a redistricting push, which could ultimately make some incumbents’ districts less reliably red. Gerrymandering relies on spreading a party’s voters across more districts, making some individual races more difficult, especially in a potential wave election year.

“Republicans are pushing back, saying that it’s going to actually lessen the power that they have in some of these districts,” Mucarsel-Powell said. “Because if you have (a district favoring Republicans by five points), with all the overperformance that we’ve seen, including here in the state of Florida, it’s very likely going to favor the Democrats.”

Jeffries in a Wednesday morning news conference practically dared Florida Republicans to dilute their U.S. House districts, comparing the effort to the Texas map that he said was not as Republican as they thought and calling the entire GOP effort a “dummymander” that would backfire.

“F around and find out,” Jeffries said. “If they go down the road of a DeSantis dummymander, the Florida Republicans are going to find themselves in the same situation as Texas Republicans, who are on the run right now.” 

“The Republicans are dummymandering their way into the minority before a single vote is cast,” he added. “They started this war, and we’re going to finish it.”

Virginia voters on Tuesday approved a constitutional amendment allowing mid-decade congressional redistricting, a move expected to dramatically reshape the state’s political map and potentially shift its congressional delegation from a closely divided 6-5 split to a heavily Democratic-leaning 10-1 advantage.

By 8:50 p.m., the measure passed by a vote of 50.7-49.3% out of 2.5 million ballots cast, according to unofficial results from the Virginia Department of Elections, clearing the way for lawmakers to redraw district lines outside the traditional once-a-decade census cycle. The winning margin continued to increase throughout the night as more votes were tallied. 

Supporters argued the amendment gives Virginia flexibility to respond to aggressive redistricting efforts in several Republican-led states at the urging of President Donald Trump, while critics warned it opens the door to partisan gerrymandering and undermines long-standing constitutional guardrails.

Gov. Abigail Spanberger said in a statement Tuesday evening that voters “approved a temporary measure to push back against a president who claims he is ‘entitled’ to more Republican seats in Congress,” adding that Virginians “responded the right way: at the ballot box.” 

She said she plans to campaign with candidates across the commonwealth ahead of the midterms and emphasized her commitment to restoring the state’s bipartisan redistricting commission after the 2030 census.

Virginia Senate Majority Leader Scott Surovell, D-Fairfax, said the results reflect what he described as a reaffirmation of democratic principles, arguing that voters “answered a question about the nature of our democracy … in favor of the people.” 

He said Virginians acted in response to what he called “unprecedented gerrymandering in other states,” adding that “fairness won” and “accountability won,” and that the outcome shows “the people will decide.”

Virginia House Speaker Don Scott, D-Portsmouth, said the outcome sends a national signal, arguing that voters rejected efforts to “rig our democracy” and instead affirmed that “power belongs to the people.” He said the vote could shape the 2026 midterms, adding that Virginians “stepped up and leveled the playing field for the entire country” and that “when the stakes are highest, we lead.”

Heather Williams, president of the Democratic Legislative Campaign Committee, said the vote delivers “a massive blow to the GOP plot to rig control of Congress,” praising Virginia voters for what she described as answering a national call to protect democracy. 

At the same time, she cautioned that “the fight is far from over,” arguing that redistricting battles will continue to play out in state legislatures and that upcoming elections will be critical in determining who draws maps and holds power in the years ahead.

Virginia House GOP Leader Terry Kilgore, R-Scott, said Tuesday’s outcome was “not unexpected,” arguing the process was “tilted” by what he described as “misleading ballot language and a massive spending advantage.” 

He said legal challenges will continue, adding that “the ballot box was never the final word here” and that Republicans will keep pushing for “fair maps, transparent process, and equal representation for every Virginian.”

Special session sparks fast-moving redistricting push 

The effort to change Virginia’s redistricting rules began abruptly in late October, during a special legislative session that had been called to address budget matters but quickly veered into a broader political fight.

On Oct. 27 — days before the Nov. 4 statewide elections — Democratic lawmakers unveiled plans to pursue a constitutional amendment allowing congressional maps to be redrawn outside the traditional post-census cycle. 

Within hours, the proposal ignited a sharp debate over timing, process and political intent.

Scott framed the move as a response to national redistricting battles, saying at the time, “I think we have an opportunity now to send a message to the rest of the country that we’re not going to stand by while you rig this election. We will do everything in our power to level the playing field we were talking about.”

Republicans, meanwhile, questioned both the substance and the setting. Del. Michael Webert, R-Fauquier, said the special session had been called for budget work, not constitutional changes.

“We went into a special session to solve a very specific problem. It was not meant to be used as a tool to continuously identify issues and keep what they’re doing,” Webert said. “We shouldn’t (have been) in two sessions at the same time (and) because of that confusion, I believe … it delegitimizes specific legislative processes.”

The session’s temperature rose further when Senate Democrats blocked the reading of a communication from then-Gov. Glenn Youngkin, who had sharply criticized the effort.

“I am disappointed to see the General Assembly reconvening this week to ram through a constitutional amendment on redistricting only seven days before the close of our 2025 statewide and House of Delegates election and with over one million voters already casting their ballot,” Youngkin wrote.

On the Senate floor, Sen. Bill Stanley, R-Franklin, appealed to what he described as Virginia’s past bipartisan approach to redistricting reform.

“Sometimes we must overcome our partisan desires and do what is right for the commonwealth as a whole,” Stanley said. “We looked Virginia voters in the eye, and promised them something fundamental, that Virginia would pick their representatives, and not the other way around. What message do we send to them if we walk away now?”

Despite the divisions, lawmakers moved quickly. On the same day, Democrats released the amendment’s language, outlining a framework for mid-cycle redistricting subject to voter approval. 

The House advanced the measure the following day, and the Senate approved it on Oct. 31 in a party-line vote, sending it forward in the multi-step constitutional process. That process required the amendment to pass again in a subsequent legislative session. 

When lawmakers reconvened in January, the proposal moved forward — but soon became entangled in a series of legal challenges.

Legal battles complicate road to the ballot 

In late January, a Virginia court struck down the amendment that had been slated for the April ballot, casting uncertainty over whether voters would ultimately weigh in.

In a 22-page ruling, Tazewell County Circuit Court Judge Jack C. Hurley found that the legislature acted unlawfully in approving the redistricting amendment during a special session just days before the Nov. 4 election. Hurley concluded that lawmakers exceeded the scope of that session, violated their own procedural rules and failed to comply with constitutional and statutory requirements governing amendments to the Virginia Constitution.

The state’s highest court soon reversed that trajectory. In February, the Supreme Court of Virginia allowed the referendum to proceed, clearing the way for the issue to appear on the ballot.

“Certainly the General Assembly was clear with the amendment process they put forward, and now it’s up to voters,” Spanberger said at the time, mere weeks after taking her oath of office.  

At the same time, Democrats began outlining what new congressional lines could look like.

A proposed map released in early February would significantly reshape district boundaries and was widely seen as favoring Democrats across most of the state’s 11 congressional districts.

Republicans escalated their opposition later that month, filing an emergency lawsuit seeking to block the vote and challenging the amendment process itself — a move that the same Tazewell County judge granted but that only applied to his jurisdiction. 

Once again, the Supreme Court of Virginia stepped in, granting a petition for review of the case and staying the temporary restraining order, which allowed the election to move forward statewide. 

However, the justices emphasized their decision does not resolve the underlying legal claims about whether the General Assembly followed proper procedures in advancing the amendment.

Meanwhile, the referendum drew national attention, with prominent Democrats — including former President Barack Obama — voicing support while Virginia Republicans intensified their warnings as the campaign entered its final stretch.

On Tuesday evening, Obama praised the outcome on X, writing, “Congratulations, Virginia! Republicans are trying to tilt the midterm elections in their favor, but they haven’t done it yet,” and thanking voters for “showing us what it looks like to stand up for our democracy and fight back.”

Campaign messaging grew increasingly contentious in March, particularly after mailers opposing the amendment invoked civil rights era imagery, prompting backlash and public criticism. 

Some Republicans defended the mailers, adding to the broader political dispute surrounding the vote.

Early voting data added another layer of uncertainty, with turnout showing strength in Republican-leaning areas even as both parties ramped up efforts to mobilize voters statewide.

In the final weeks, Spanberger balanced her governing responsibilities with public support for the amendment, while Youngkin returned to the campaign trail urging voters to reject it and continued to press for court intervention.

In her statement Tuesday, Spanberger said that she remained “committed to ensuring Virginia’s bipartisan redistricting commission gets back to work after the 2030 census, and to protecting the process Virginians voted to create.”

FULL COVERAGE: Virginia redistricting referendum

Voting rights groups launched a legal challenge Tuesday against the Trump administration’s effort to sweep up sensitive data on millions of Americans with the aim of identifying noncitizen voters, arguing that the U.S. Department of Justice is building a dangerous centralized national voter list ahead of the midterm elections in November.

The federal lawsuit, filed in the District of Columbia by the voting rights and civic group Common Cause with help from other organizations, seeks to block the Justice Department from obtaining and analyzing unredacted state voter lists that include driver’s license and partial Social Security numbers. 

The DOJ plans to share the data with the Department of Homeland Security, which operates a powerful computer program that can verify U.S. citizenship. Democratic election officials say the program has wrongly flagged Americans as possible noncitizen voters and could erode faith in election results.

“This is a blatant, partisan power grab designed to cast doubt on the validity of our elections and whose vote should be counted,” Virginia Kase Solomón, Common Cause president and CEO, said in a statement.

The Justice Department has sued 30 states and the District of Columbia for the data. But at least a dozen other states have provided the data, handing the Trump administration information on millions of registered voters. 

The latest lawsuit by Common Cause, with legal representation by the American Civil Liberties Union, Citizens for Responsibility and Ethics in Washington and other voting rights groups, opens a new front in the legal fight against the Trump administration’s campaign for the data. It represents an attempt to halt the administration from using the voter information it’s already obtained — and stop it from collecting more.

The suit asks a court to order the Justice Department to halt any actions to compile, use or disclose sensitive voter data. The groups also wants the DOJ to delete the data already in its possession.

Alaska, Arkansas, Indiana, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wyoming have voluntarily provided, or will turn over, their sensitive voter data, according to the Brennan Center for Justice at New York University, which has been tracking the Justice Department’s efforts.

Federalization of elections

Since taking office last year, President Donald Trump has moved to assert presidential power over federal elections, which under the U.S. Constitution are run by the states. The president and his allies have framed his moves as necessary to ensure the security of elections by purging noncitizen voters.

Trump issued an executive order a year ago that attempted to impose a nationwide requirement that voters must produce documents proving their citizenship. Federal courts blocked the order. He is also pressuring Congress to pass legislation, the SAVE America Act, containing a similar requirement.

Late last month, Trump signed another executive order clamping down on mail ballots. It directs the U.S. Postal Service to restrict the delivery of ballots and instructs Homeland Security to compile lists of voting-age U.S. citizens in each state, effectively building a national database of voters and would-be voters. Several active lawsuits are challenging the order.

“By attempting to interrogate and exploit voter data for political purposes, President Trump’s DOJ isn’t just threatening the privacy of every American—they are building a system designed to imprison the ballot box and silence millions of eligible voters,” Kase Solomón said. “We won’t stand by while Americans’ rights to privacy and voting are under attack.” 

The Justice Department didn’t immediately respond to a request for comment.

In other lawsuits, Justice Department lawyers have argued the agency is entitled to voter data under the 1960 Civil Rights Act, a federal law to combat voting discrimination. DOJ lawyers have also denied that the agency is building a nationwide voter list — but they have acknowledged voter data will be sent to Homeland Security for analysis by SAVE, an online tool short for Systematic Alien Verification for Entitlements.

SAVE was previously used for one-off searches of individual immigrants to check whether they were eligible for government benefits. The Trump administration last year refashioned it into a program capable of checking the citizenship of voters. Some GOP states have begun voluntarily using SAVE to scan their state voter rolls for potential noncitizens.

“That’s how we are going to ensure that they have the proper identification as to each and every voter,” Justice Department Voting Section acting Chief Eric Neff said in federal court in Rhode Island in March, according to a transcript.

DOJ losing streak

Federal judges have so far uniformly ruled against the Justice Department’s efforts to force states to turn over voter data. Federal judges in five states — California, Massachusetts, Michigan, Oregon and Rhode Island — have dismissed the DOJ’s lawsuits.

The Justice Department has appealed some of the rulings. Oral arguments in those cases are set for mid-May.

The DOJ’s most recent court loss came last week in Rhode Island from Judge Mary McElroy, a Trump appointee. In a 14-page order, she ruled that federal voting laws — including the National Voter Registration Act, the Help America Vote Act and the Civil Rights Act — don’t empower the Justice Department to demand state voter data.

“Neither the NVRA nor HAVA authorize DOJ to conduct the kind of fishing expedition it seeks here,” McElroy wrote.

The National Guard’s top general told Congress on Friday that it would follow the Constitution and the law when he was asked about the possibility President Donald Trump would order troops to polling places for the midterm elections.

The remarks at a U.S. House Appropriations subcommittee hearing came as Democratic lawmakers also voiced unease over the continuing deployment of nearly 2,500 National Guard members in Washington, D.C.

Rep. Joe Morelle, a New York Democrat, asked Gen. Steven Nordhaus, chief of the National Guard Bureau, what assurances he could provide to Americans concerned about the deployment of troops at the polls. 

“The National Guard, obviously, always follows the Constitution, law, policy and guidance, both at the federal and the state level,” Nordhaus said.

Federal law prohibits the deployment of the military to polling places unless necessary “to repel armed enemies of the United States” and violations are punishable by up to five years in prison.

Trump has said that he should have ordered the National Guard to seize ballot boxes during the 2020 election, which he falsely maintains was stolen. Steve Bannnon, a former Trump adviser, has publicly urged the president to send the military and Immigration and Customs Enforcement, or ICE, agents to patrol the polls.

Trump last year deployed National Guard members to several Democratic-led cities, in some instances federalizing them against the will of governors, who typically command National Guard members. He also sent active-duty Marines into Los Angeles. Opponents of the deployments expressed fears that they represented a test run for intimidating voters.

While the deployment to the District of Columbia continues, Trump withdrew troops from other cities after the Supreme Court in December left in place a lower court decision barring a deployment in Chicago.

Rep. Betty McCollum, a Minnesota Democrat, questioned how long the D.C. deployment is sustainable. She also referred to reporting by ABC News that the Pentagon intends to keep troops in D.C. through the end of Trump’s term in January 2029.

“Picking up waste in the District of Columbia does not prepare anyone for conflicts that could arise in Europe, Asia and the Middle East,” McCollum said.

The Department of Justice’s stated reason for obtaining sensitive personal data on millions of voters masks the Trump administration’s true intention for obtaining state voter lists, Michigan’s top election official asserted in federal appeals court Monday.

Attorneys for Michigan Democratic Secretary of State Jocelyn Benson made the allegation in a brief in the 6th U.S. Circuit Court of Appeals. The argument reflects a concern broadly held among Democratic state election officials that the Trump administration wants to compile voter data in an effort to influence the upcoming midterm elections. 

The Justice Department, under President Donald Trump, is suing 29 states for refusing to provide voter information. It says it needs the data to evaluate efforts to clean and maintain voter rolls, including whether noncitizens are registered to vote.

But Benson’s brief says that “appears to be a pretext for improper purposes.”

Michigan and other states argue the Trump administration is instead effectively building a nationwide voter registration list — a move not authorized under the 1960 Civil Rights Act, a federal law to combat voting discrimination that the Justice Department has cited in demanding states turn over voter data.

“Collecting Michigan’s voter data to conduct its own list maintenance and to use Michigan’s list as part of creating a national voter file is not encompassed within the purpose stated in DOJ’s demand, which is simply ‘to ascertain Michigan’s compliance with the list maintenance requirements’” of federal election laws, Benson’s brief says.

“Moreover, creating a national voter file of U.S. Citizens is beyond any purpose contemplated by the (Civil Rights Act).”

After U.S. District Court Judge Hala Jarbou ruled in February that the Justice Department isn’t entitled to Michigan’s unredacted voter list containing driver’s license and partial Social Security numbers, the department appealed to the 6th Circuit.

Trump priority

Over the past year, Trump has attempted to exercise greater power over federal elections, which, under the U.S. Constitution, are run by the states.

“Trump does not have the authority to create a Trump voter list,” Colorado Secretary of State Jena Griswold, a Democrat whom the Justice Department is suing for not providing voter data, said in an interview earlier this month.

Studies have shown noncitizen voting is extremely rare, though Trump has long fixated on the prospect of noncitizen voting and other forms of election fraud. Last year, Trump signed an executive order that would have unilaterally required voters to provide documents proving their citizenship. The order was struck down in court, but Trump is pressuring the U.S. Senate to pass the SAVE America Act, which would implement similar proof of citizenship rules.

Michigan state officials and other critics of the Justice Department’s voter data effort point to actions by Trump and remarks by a DOJ attorney as evidence that the Trump administration is already compiling a national voter list.

Trump’s recent executive order to restrict mail-in ballots directs the Department of Homeland Security to build lists of voting-age citizens in each state and then share those lists with state officials. Homeland Security operates a powerful computer system, called SAVE, that can verify citizenship by checking names against information in federal databases.

And at a federal court hearing in Rhode Island in late March, Justice Department Voting Section Acting Chief Eric Neff said his department intends to share voter lists with Homeland Security, according to a transcript. He said DOJ and DHS have already entered into a use agreement to govern the sharing of data, though he didn’t detail its requirements.

Mail ballot order an ‘iceberg’ to DOJ case

A DOJ attorney, James Tucker, has denied any effort to create a national voter file. 

“There is not going to be a national voter registration database,” Tucker said at a hearing in Maine on March 26 — less than a week before Trump signed the executive order.

But David Becker, executive director of the nonpartisan Center for Election Innovation & Research, likened the Justice Department’s litigation strategy to a legal Titanic and the executive order to an iceberg: The order effectively creating a nationwide voter list could sink a strategy that denies such a goal exists.

“The DOJ … has been trying to assure the courts that this data is not going to be used to create a national voter list,” Becker said during a press briefing this month.

The Justice Department didn’t respond to a request for comment Tuesday.

Civil Rights Act argued

The Justice Department has so far failed to persuade any federal judges that it’s entitled to state voter data. Judges have dismissed the DOJ’s lawsuits against California, Massachusetts, Michigan and Oregon. 

At least a dozen states, all Republican led, have voluntarily provided their voter lists. The Justice Department has also reached a settlement agreement with one state, Oklahoma, to obtain its data. 

When Jarbou, a Trump appointee, dismissed the Justice Department’s lawsuit for Michigan’s voter roll, she ruled that the Civil Rights Act doesn’t require the disclosure of the information. The law, signed by President Dwight Eisenhower, empowered federal officials to investigate state and local discrimination against Black voters.

The law requires states to preserve election records for at least 22 months after a federal election, including any documents that come into the possession of an election official. Jarbou wrote in her decision that the state’s voter registration list is created by election officials but isn’t a document, such as a voter registration application, that comes into their possession.

When the Justice Department filed its brief in March, it argued that Jarbou misinterpreted the Civil Rights Act. “The CRA’s text … does not exclude self-generated documents,” the department’s brief says.

The Justice Department’s appeal of the Michigan loss has advanced the furthest, with state officials filing their brief on Monday. The DOJ has pushed for quick timelines in the appeals, arguing that court rulings are needed ahead of the midterms to ensure the fairness of elections.

Local officials back states

Regardless, 18 local election officials from across the country, including seven in Michigan, on Monday filed a brief in the case arguing that the Justice Department hasn’t provided a legitimate basis to obtain election records under the Civil Rights Act.

As election misinformation has proliferated in recent years, local election officials face increasing requests for information, the group wrote. They are accustomed to providing public voter registration information, with steps in place to exclude sensitive, nonpublic data.

Courts act as a “backstop” to enforce bans on disclosing sensitive information in response to records requests from the public, the local election officials argue.

“Courts should perform that same function for requests for records under the CRA,” the group said.