Judges order review of Georgia’s district maps under new voting rights rules
A panel of federal appellate judges on Tuesday directed a lower court to reconsider a decision that determined Georgia’s previous political maps had illegally weakened Black voting power.
Three jurists on the 11th Circuit Court of Appeals nullified a trial judge’s ruling on Georgia’s 2021 maps, saying it needed to be reexamined in light of a major U.S. Supreme Court decision this spring that significantly changed the legal standard for court challenges under the 1965 Voting Rights Act.
“We will afford the district court the opportunity to reassess this case under the new standard,” the judges wrote in an 11-page decision.
The ruling was not unexpected after the high court’s ruling this April in Louisiana v. Callais, which made it significantly more difficult for critics to challenge what they deemed as unfair or discriminatory political maps in court.
State legislators can draw political districts based on partisanship, which tends to closely correlate with race. Under the new legal standard, plaintiffs challenging those districts must now prove those legislators were seeking to intentionally discriminate against voters of color — a far higher legal bar to climb.
Tuesday’s ruling will not affect the maps used in this fall’s midterm elections. That’s because Georgia voters are using political districts for U.S. House and General Assembly that were redrawn in 2023 in response to the trial court’s ruling.
But the 2023 maps were passed with a clause stating that the old 2021 maps could be revived if the courts ultimately ruled in the state’s favor. Tuesday’s decision could also further incentivize the state Legislature to redraw the state’s political districts.
A spokesperson for the Georgia Secretary of State’s Office, which had appealed the lower court ruling, said the office can’t comment on pending litigation.
Lucien J. Metellus Jr., general president of the Alpha Phi Alpha Fraternity, the lead plaintiff in the case, said he wasn’t surprised by the decision and that his organization was “still very determined” to prove its case.
“Race was a critical component of this gerrymandering in Georgia,” he said, adding that “we’re definitely looking at other avenues, venues, and strategies to prove our case.”
“We’re going to be persistent in pursuing this,” Metellus said.
‘Equal opportunity for everyone’
The appeals court’s ruling targets an October 2023 decision by U.S. District Court Judge Steve Jones. He determined that Georgia’s 2021 political maps violated the Voting Rights Act and needed to be redrawn to ensure adequate representation of Black voters in Congress and the General Assembly.
Jones directed legislators to create an additional majority-Black congressional district in west metro Atlanta, as well as two majority-minority state Senate districts and five state House districts near Atlanta and Macon.
“Georgia has made great strides since 1965 towards equality in voting,” Jones wrote at the time. “However, the evidence before this court shows that Georgia has not reached the point where the political process has equal openness and equal opportunity for everyone.”
The Secretary of State’s Office appealed Jones’ decision.
Meanwhile, the General Assembly got to work in late 2023 to address Jones’ concerns. It created new majority-minority districts, but drew lines in a way that largely protected Republican power.
All of that work, however, was under the old Voting Rights Act framework, which the U.S. Supreme Court shattered this spring. The court’s conservative majority noted that Black political participation has made significant strides since the 1960s.
The 11th Circuit ruling was authored by Judges Robin Rosenbaum, who was appointed by President Barack Obama; Barbara Lagoa, an appointee of President Donald Trump; and Charles Wilson, appointed by President Bill Clinton.
All eyes on Legislature
It could take months or longer for the case to be resolved, especially if Jones calls for new oral arguments.
All eyes will remain on the state Legislature, which has expressed interest in redrawing Georgia’s political maps in the aftermath of the Supreme Court decision.
Previous plans to redistrict during a June special session were shelved because of behind-the-scenes pushback from some Republican lawmakers, who worried doing so would energize Democrats and hurt the GOP’s midterm messaging. House Speaker Jon Burns cited the litigation over the 2021 maps as a reason why the redistricting push should be paused.
Democrats have warned that GOP legislators could seek to redraw political maps shortly after the November elections, especially if Democrats win the governorship or one of the chambers of the General Assembly.
There are two other constitutional challenges to Georgia’s 2021 maps currently pending in trial court.