As a practical matter, the Voting Rights Act helps one political party and hurts the other party. When a Republican legislature draws a gerrymandered map, Democrats will claim that the map harms African American or Hispanic voters. But when a Democratic legislature draws a gerrymandered map, Republicans will have a hard time raising a Section 2 claim that the map harms White voters. Illinois could gerrymander all Republican districts off the map, without any meaningful legal challenges. But if Mississippi or Louisiana tried to gerrymander all the Democratic districts off the map, there would be immediate legal challenges. Indeed, these southern states are forced to create "opportunity" districts to ensure minority voters can elect Democratic politicians.
This is the asymmetry of the Voting Rights Act. Because African American and Hispanic voters tend to vote for Democratic politicians, Democrats will benefit from VRA claims. By contrast, because White voters tend to vote for Republican politicians, Republicans will less likely benefit from VRA claims. What is the upshot? Gerrymandered maps in the South drawn by Republican legislatures are routinely blocked under the VRA, while gerrymandered maps in the North drawn by Democratic legislatures are far more likely to survive.
This asymmetry is not a bug of modern Voting Rights Act jurisprudence. It is a feature. Is it any wonder that Republican groups are lining up behind Louisiana in Callais to weaken, if not nullify Section 2? And is it any wonder why Democratic groups are fighting to save Section 2?
