Harmeet Dhillon, assistant attorney general overseeing the Department of Justice's Civil Rights Division, asserted cautious optimism Thursday on Newsmax that the Supreme Court could rein in the most extreme uses of race in redistricting.
The high court on Wednesday heard oral arguments for the second time this year in Louisiana v. Callais, which involves Section 2 of the Voting Rights Act and racial gerrymandering.
The justices reportedly appeared inclined to limit the use of the Voting Rights Act to force states to draw electoral districts favorable to minority voters.
"It's a landmark case, and I feel optimistic that five or six justices are going to vote for a change on the Voting Rights Act," Dhillon told "Newsline."
She recounted that Louisiana initially drew a map with only one majority-Black congressional district. Civil rights groups sued under Section 2, arguing dilution of Black votes, and a court ordered a second majority-Black district.
But that adjustment was then challenged by white plaintiffs, who claimed race was used excessively and unconstitutionally.
Dhillon emphasized that the DOJ's position, aligned with the solicitor general's office, is that race-based districts should be "very rarely appropriate" in 2025.
In her view, the Louisiana case is one instance where the drawing of a second Black district is inconsistent with equal protection. She urged that states should rely on political and not racial determinations when possible.
Dhillon engaged with the broader implications of Section 2 doctrine, invoking the Gingles test (from Thornburg v. Gingles) and warning that it has become something of an entitlement.
She cited Principal Deputy Solicitor General Hashim Mooppan, who argued before the court that 75% of Black House members are elected outside of "special Section 2 districts."
In effect, she argued, minority candidates are winning broadly across states today, reducing the necessity of race-based mapmaking.
The case, consolidated with Robinson v. Callais, is a high-stakes dispute over whether Louisiana's revised congressional map unlawfully used race in creating a second majority-Black district.
In March, the court first heard oral arguments, then asked for supplemental briefs and the case was reargued Wednesday.
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