The great untold story from the legislative redistricting lawsuit in federal court is how positive the outcome was for the State of Mississippi.
In 2022, the Legislature redistricted itself based on the 2020 Census. In December 2022, the NAACP and a host of individuals filed suit in federal court claiming the new district maps illegally diluted Black votes and contained unconstitutional racial gerrymanders.
The suit against the State Board of Election Commissioners (governor, attorney general and secretary of state) directly challenged 12 House and Senate districts, alleging five districts violated the 14th Amendment (racial gerrymandering) and seven districts violated Section 2 of the Voting Rights Act (voter dilution).
A special three judge panel appointed by the 5th Circuit Court of Appeals heard the case and issued a captivating 119-page decision.
Notably, the panel rejected the state’s contention that a recent 8th Circuit decision prohibited private parties from enforcing Section 2 of the Voting Rights Act but agreed that protecting incumbent-constituent relationships and maintaining hard-earned legislative expertise are valid state interests.
Additionally, the panel’s findings noted: 1) From 2000 to 2020, Black population grew 120,399 while white population declined 7,636 yet the 2022 plan contained the same number of majority-minority districts as the previous plans; 2) DeSoto County contains the fastest growing Black population in Mississippi; 3) the panel was persuaded by uncontradicted witness testimony “that their elected officials ignore the black community;” and 4) the state failed to show that “partisan affiliation, not race, best explains the divergent voting patterns among minority and white citizens.”
Yet, the panel rejected the 14th amendment racial gerrymandering claim and rejected four of the seven Section 2 claims.
After ruling that two new Black-majority Senate districts must be adopted in the areas of DeSoto County and Hattiesburg and one new Black-majority House district in the area of Chickasaw and Monroe Counties, the panel approved the state’s request to give the Legislature an opportunity to redraw lines and set special election dates during its 2025 session.
The panel also said the state may limit the ripple effect from creating the new districts “as much as reasonably possible” and likewise protect incumbents. While only three new Black-majority districts must be created, shifting population into them can cascade changes across other districts. The panel ruled that special elections must be held in all districts that incur changes.
All in all, as one interested attorney said, these results were very positive for Mississippi. No surprise, though, some, including GOP leaders, want the state to appeal.
Crawford is a syndicated columnist from Jackson.