Memo to Members

SCOTUS hears challenge to “Voting Rights Act of 1965”

Oct 27, 2025

By Tia Turner, NLIHC Project Manager, Our Homes, Our Votes

On October 15, 2025, the Supreme Court heard oral arguments in Louisiana v. Callais, a case challenging Section 2 of the “Voting Rights Act (VRA) of 1965,” which prohibits voting practices or procedures that discriminate on the basis of race or color. Section 2 has historically played a critical role in protecting minority communities from voter suppression, including practices that dilute the voting strength of Black and Latino communities even in the absence of explicit discriminatory intent. Over the decades, Section 2 has been instrumental in challenging gerrymandered districts, discriminatory voting rules, and other barriers to fair representation. It provides a legal framework to ensure that marginalized voters have a meaningful voice in the political process.

The case centers on Louisiana’s congressional redistricting and whether Black voters’ ability to elect candidates of their choice was unlawfully diluted under Section 2. The key legal question is whether plaintiffs must prove both discriminatory effect and discriminatory intent to succeed. The challengers argue that the state’s redistricting plan disproportionately weakened Black voters’ influence. If the Court raises the intent standard, it could significantly undermine the ability to challenge racially harmful maps even when no overt discriminatory intent is evident. Oral arguments suggested that the justices may strike down the Black-majority district in question, signaling a potential narrowing of Section 2 protections. A ruling is expected by summer 2026, and the implications of the Court’s decision are likely to be profound nationwide.

If Section 2 is weakened, it could lead to the elimination of many Black- and Latino-majority districts, particularly in Southern states with histories of suppressed representation, and open the door for extreme partisan gerrymandering. Communities that already face systemic barriers, including low-income renters, people of color, and people experiencing homelessness, could lose access to fair representation. The impact on civic participation and democratic accountability would be significant, particularly as it relates to the ability of communities to influence housing, development, and tenant protections. Historical examples show that when voting rights protections are weakened, communities of color experience decreased political influence, resulting in policies that fail to reflect their needs and priorities.

Field insights from Our Homes, Our Votes Campaign Pilot Community partners underscore the real-world consequences of these challenges. Dr. Bambie Hayes-Brown of Georgia Advancing Communities Together (Georgia ACT) shared, “The Voting Rights Act protects the voices of communities that have fought long and hard to be heard. Georgia Advancing Communities Together stands firmly with our partners to defend fair representation and ensure every Georgian continues to have a meaningful say in our democracy.” Other partners have reported growing concerns about voter access, including difficulties with registration, obtaining voter IDs, and transportation barriers, particularly among low-income renters and unhoused individuals. These experiences highlight the urgency of proactive voter engagement strategies to protect communities at risk of disenfranchisement.

Looking ahead, the potential changes to Section 2 emphasize the importance of robust, on-the-ground voter engagement. Strategies such as early and accessible voter registration, civic education campaigns, mobilization around civic holidays like Vote Early Day, and outreach to historically marginalized communities will be critical. The Supreme Court’s decision in Louisiana v. Callais has the potential to redefine Section 2 protections and reshape the landscape of voting rights litigation for decades. As we prepare for this possibility, NLIHC will continue to support partners, amplify community voices, and advance voter engagement initiatives to protect and expand democratic participation. We encourage partners to review our recent Turning Renters into Voters: Lessons in Engaging Low-Income Communities Report, which highlights effective strategies and lessons learned from our pilot communities. The report offers concrete examples and tools that organizations can use to continue engaging residents and strengthening civic participation in their communities.

Partners are also encouraged to join our upcoming “Civic Engagement 101: The Power of Advocacy and Voting Rights” webinar on October 30 at 4 pm ET, co-hosted by NLIHC’s Our Homes, Our Votes Campaign and The Training Institute for Tenants and Residents. This session will explore these issues further and provide practical insights for advocates, tenants, and community leaders on how they can use civic engagement as a tool for lasting change. Register for this webinar  here.

Listen to the oral argument in Louisiana v. Callais case here.

Learn more about the case here