The Louisiana state legislature has until the middle of January to enact a new congressional map after a federal court ruled that the state’s current map illegally disfranchises Black voters.
A conservative federal appeals court in New Orleans issued the deadline on Friday. According to the order, if the state legislature doesn’t pass a new map by the deadline, then a lower district court should conduct a trial and develop a plan for the 2024 elections.
Whether the outgoing Democratic governor, John Bel Edwards, will call a special session to redraw the political boundaries or whether his elected Republican successor, Jeff Landry – who will be inaugurated on 8 January – will have enough time to call a special redistricting session and meet the court’s deadline has yet to be determined.
Black voters in Louisiana represent about one-third of the state’s population, but currently represent a majority in just one out of six congressional districts in the state.
Republicans have argued the current map is fair, with Democrats arguing the districts discriminate against Black voters in the state.
A lower court in June 2022 struck down Louisiana’s current congressional map. The court ruled that the map violated the Voting Rights Act and ordered a new map to be drawn that includes a second congressional district with a majority of Black voters.
The ruling was appealed to the US fifth circuit court of appeal. Black voters in Louisiana pushed for an emergency appeal to expedite the new map drawing before the 2024 election year, though that was rejected in October.
A special session of the Louisiana legislature now has until 15 January to decide on a new congressional map. Edwards has yet to call that session, though he has said he plans to do so.
“As I have said all along, Louisiana can and should have a congressional map that represents our voting population, which is one-third Black,” Edwards said in a statement on the recent ruling. “This is about simple math, basic fairness, and the rule of law.
“With the fifth circuit’s action today, I remain confident that we will have a fair map with two majority Black districts before the congressional elections next year.”
US House representative Troy Carter of New Orleans, Louisiana’s sole Black and Democratic member of Congress, said he “sincerely” hopes the state’s legislature will draw a new map with a second majority-Black district. Carter posted on X, formerly known as Twitter, to urge lawmakers to “do the right thing” and said “there is no need to wait for a court to force compliance with clear law”.
Edwards leaves office on 8 January, when his elected Republican successor, Jeff Landry, will be inaugurated. If it’s left to Landry to call a special session after his inauguration, the timing will be tricky.
The session couldn’t start until seven days after the proclamation is issued, meaning the earliest lawmakers could return to Louisiana’s state house in Baton Rouge is the 15 January deadline.
Landry did not immediately comment on Friday. The appellate court’s order does say the district court retains the discretion to grant “limited additional time” if requested.
If the legislature refuses to draw a new map, a trial will be held in the district court. Plaintiffs in the case could object to the plan and new map, and the court will determine whether it is compliant under the Voting Rights Act.
“The court is to conclude all necessary proceedings in sufficient time to allow at least initial review by this court and for the result to be used for the 2024 Louisiana congressional elections,” the fifth circuit’s court order said.
