Today the Supreme Court GVR'd two cases in light of Callais. State Board of Election Commissioners v. Mississippi NAACP and Turtle Mountain Band of Chippewa Indians v. North Dakota presented the same issue: whether there is a private cause of action under Section 2. And, in both cases, Justice Jackson dissented. She wrote:
This case presents only the question of Section 2's private enforceability, which our decision in Louisiana v. Callais, 608 U. S. ___ (2026), did not address. Thus I see no basis for vacating the lower court's judgment.
Last week, the Court GVR'd a case from Alabama, Allen v. Caster, in light of Callais. Justice Sotomayor dissented, joined by Justices Kagan and Jackson. They contended that in addition to a Section 2 claim, the District Court also found a vote dilution claim, so there was no reason to GVR.
