U.S. Supreme Court Guts Section 2 of the Voting Rights Act

5/20/2026

WASHINGTON, D.C.   –  On April 29, 2026, the U.S. Supreme Court issued a decision gutting Section 2 of the Voting Rights Act which was intended to prohibit discriminatory voting practices and procedures. In Louisiana v. Callais, 608 U. S. ____ (2026), the Court concluded that in order to prove voter discrimination, Section 2 requires showing an intent to discriminate.  The decision is already impacting efforts by Indian tribes and tribal members to challenge voting districts that dilute the Native American vote.

In the Callais decision, a 6-3 majority of the Supreme Court found that a Louisiana congressional district map violated the U.S. Constitution.  The Court ruled that the map improperly used race to draw a district that would ensure proportional representation of minority voters.  The decision is available here.  

In her dissenting opinion, Justice Kagan described the Court’s decision as part of a decade long effort to demolish the Voting Rights Act.  Justice Kagan stated that in 1982, Congress did away with the “intent” test and amended “Section 2 to bar the use of any electoral mechanism that would result in minority citizens having less opportunity than non-minority citizens to choose their political representatives.”  Justice Kagan concluded, “Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power.” 

Indian tribes have used Section 2 of the Voting Rights Act to successfully challenge legislative districts that did not allow an equal opportunity for Native Americans to elect their preferred candidates in Nebraska, North Dakota, Montana, and South Dakota.  As a result of the Callais decision, one of these cases has already been sent back for reconsideration.  

The Callais decision is likely to make it more difficult, at least in the short term, for Indian tribes and tribal members to challenge discriminatory voting districts.  Indian tribes and their advocates will need to closely read the Callais decision, seek to apply the decision narrowly, and develop strategies for ensuring that Indian voters are properly represented.

Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.  To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.