Louisiana v. Callais prohibits using race to draw districts. That would make the proposed amendment unconstitutional.
By Joe Tabor | Illinois Policy Institute
A fresh U.S. Supreme Court decision poses a setback to Illinois’ proposed redistricting amendment and highlights the need for real redistricting reform in the state.
The Illinois House passed House Joint Resolution Constitutional Amendment 28 and sent it the state Senate just the day before the high court decision. The amendment would do little to combat Illinois’ problematic history of gerrymandering to avoid competition and gain unfair partisan advantage.
It would, however, among other things, require the creation of racial influence districts and racial coalition districts, where practical, in any state or congressional redistricting plan.
But in its 6-3 decision April 29 in Louisiana v. Callais, the Supreme Court ruled that under the 14th Amendment’s Equal Protection Clause, complying with Section 2 of the Voting Rights Act is not a compelling reason to draw congressional districts based predominantly on race.
By contrast, the decision explicitly recognized that gaining partisan advantage and protecting incumbents from competition were “legitimate goals” for redistricting.
The ruling leaves Illinois partisan gerrymandering practices untouched, but it means the racial district requirement of HJRCA 28 would violate the 14th Amendment. The Illinois Senate has paused any movement on the amendment to assess the decision for what steps to take next, if any.
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