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Tipsheet

Principal Deputy Solicitor General Silences Justice Sotomayor in Louisiana Redistricting Showdown

Erin Schaff/The New York Times via AP, Pool

Principal Deputy Solicitor General Hashim Mooppan engaged in a spat during oral arguments on Wednesday with Obama appointee, Justice Sonia Sotomayor, during oral arguments for Louisiana v Callais.

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The case concerns Section 2 of the Voting Rights Act and challenges whether Louisiana’s 2024 congressional map, which created a second majority-Black district, is considered racial gerrymandering, which is illegal under the Equal Protection Clause of the 14th Amendment. 

Hashim Mooppan, arguing for the Trump administration, told the Supreme Court that the only reason the second Black congressional district was created was to ensure a majority-Black population. He said if the district had been majority white, there would be no case against it. Justice Sotomayor strongly disagreed, emphasizing that without such districts, Black voters would have little to no chance of electing black representatives due to racially motivated voting patterns. 

"You could control for parts in effect. There was recently polarized voting in the Democratic party. That's where Section 2 matters. Where you have a reason to think that a racial group is being treated..." Moopan began before he was interrupted by Justice Sotomayor.

"You have proof of that here, too," she said.

"No, you don't, what you have here is that Republicans and Democrats are different," he continued.

"No, you have — some — that even white Republicans or white Democrats won't vote for black candidates," Sotomayor said as you can hear Mooppan sigh.

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"Right," Moopan continued. "But if these were white Democrats, there is no reason to think they would have a second district. None. And so what is happening here is their argument is, because these Democrats happen to be black, they get a second district. If they were all white, we would all agree that they wouldn't get a second district. That is literally the definition of race subordinating traditional principles. 

Mooppan’s argument solidifies the conservative view of the matter, that race-neutral principles, not racial outcomes, should guide district lines. A standard that was and remains unclear to Democrats. 

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