The Roberts Court is likely to use the 14th Amendment — drafted to protect Black political rights — to undercut the Voting Rights Act.

by Mark M. Bello

A fight over Louisiana’s congressional map has the potential to reshape American voting rights. With Black residents making up a third of the state’s population, lawmakers, for the first time, created two majority-Black districts. Civil rights groups called it long overdue. The Fifth Circuit Court of Appeals called it unconstitutional racial gerrymandering.

The Supreme Court now stands ready to decide: Can states consider race when drawing districts to comply with the Voting Rights Act — or must they ignore it in the name of “colorblind” equality?

Before we answer, let’s provide some historical context:

In 1868, Congress adopted the 14^th Amendment’s Equal Protection Clause. The Civil War was over and newly freed Black Americans required civil and political rights. Congress recognized that proactive, race-conscious measures were necessary to under centuries of exclusion. And that’s how things stood for almost a century and a half.

Over the last few decades, however, the Supreme Court has developed a rather colorblind approach to 14^th Amendment protections. Cases like Shaw v Reno (1993) and Miller v Johnson (1995) made it harder to justify race-conscious gerrymandering. Furthermore, Shelby County v Holder (2013) ended the concept of “preclearance” in voting rights cases, Brnovich v Democratic National Committee (2021) gave states more leeway to impose voting restrictions even if they disproportionately affected minorities, and Students for Fair Admissions v Harvard (2023) struck down the use of race as an explicit factor in public college admissions under the Equal Protection Clause and private colleges under Title VI of the Civil Rights Act.

One side sees race-conscious measures as a necessary corrective to centuries of exclusion while the other sees them as unconstitutional racial favoritism. But a clear pattern is emerging, suggesting that race-conscious remedies will no longer pass constitutional muster. These days, even if the aim is to ensure minority representation under the Voting Rights Act (VRA), the courts will strike down a map if race appears to have driven the line-drawing more than traditional redistricting principles (compactness, contiguity, respect for political boundaries).

Supreme Court to rule on Louisiana Congressional Map and Voting Rights Act

As the above graphic illustrates, this spells trouble for the Louisiana map at issue in in this latest case. My prediction? The Conservative majority on the United States Supreme Court will likely strike down the Louisiana map and make it far harder to create majority/minority districts anywhere in the country. Section 2 of the Voting Rights Act will likely be rendered almost pointless.

If struck down: Expect fewer minority-majority districts, more litigation against them, and a redefinition of “equal protection” that works against the very communities it was meant to shield.

If upheld: The VRA would live for now, but only narrowly, and likely with a ruling so specific to Louisiana that it offers little nationwide protection.

Either way, the ruling will echo far beyond Louisiana — setting the terms of racial representation in Congress for a generation. The 14th Amendment was written to protect Black voters. The Trump Supreme Court will now use that same amendment to take their voting power away.

That’s what you voted for, America. Proud of yourselves?

Mark M. Bello is an attorney and author of 9 Zachary Blake Legal Thrillers and other legal themed novels and children’s books. For more information, please visit https://www.markmbello.com

Bob Gatty Author, Podcaster, Blogger

For many years, Bob Gatty worked as a writer, editor, and communications consultant, based on the Washington, DC area with a focus on government and politics. He began at The Pittsburgh Courier, an African American weekly, covering crime and the courts. His salary was $55 per week before moving on to two local Pennsylvania dailies. At age 24, he began reporting for United Press International covering state politics in Pennsylvania and then New Jersey, where he was UPI’s state capitol bureau in Trenton.

Tempted by the allure of Washington, DC and big-time politics, at age 29 Bob became press secretary and chief of staff for two Congressmen – first Republican Edwin B. Forsythe, and then Democrat James J. Florio, who later became governor of New Jersey and until his recent death was a frequent podcast guest and co-host of Bob’s NFN Radio News podcast (now called Lean to the Left).

After seven years on Capitol Hill, Bob opened a communications business in Washington, first providing political media consulting to candidates and then freelance Washington coverage for business and trade magazines, plus creative communications services for trade and professional associations, including social media. This work involved articles and analyses of key governmental developments affecting businesses, such as the food and Health industries, retailing, and the environment.

His work as a communications consultant to trade and professional associations included launching and editing association publications, providing website content and social media assistance, and covering conferences and conventions.

Bob retired from G-Net Strategic Communications in 2016 and moved to Myrtle Beach, SC, where he launched his blog site, first called Not Fake News, now known as Lean to the Left.

Hijacked Nation
In August, 2020, Bob and co-author Chris Waldron, one of Lean to the Left's most loyal and prolific contributor, published "Hijacked Nation-Donald Trump's Attack on America's Greatness," a two-volume compilation of blogs regarding Trump's presidency and the consequences for our nation. A followup volume was published by Luna Global Media in September 2024. It is available at https://amzn.to/4ePrTF7 .

In all three volumes, blogs from Not Fake News and Lean to the Left create a virtual play-by-play of key actions of the Trump administration and Congress. For more information, please visit https://leantotheleft.net/books/, and visit Bob's Author's Page on Amazon, https://www.amazon.com/stores/Bob-Gatty/author/B08C7HWXZ5?ref=ap_rdr&isDramIntegrated=true&shoppingPortalEnabled=true&ccs_id=4e603563-7251-4074-b54d-40800c4ce40a.

The Lean to the Left Podcast
The Lean to the Left podcast provides commentary and interviews with newsmakers and others with interesting stories to tell. Video and audio podcasts stream twice weekly on major channels. More info at https://podcast.leantotheleft.net.

The Lean to the Left YouTube Channel
You'll find all of the audio tracks for the Lean to the Left Podcast here plus original videos, including complete video versions of each podcast.
https://www.youtube.com/@LeantotheLeft.