Mississippi Election Map Ruling

By Darius Spearman (africanelements)

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Mississippi Supreme Court Election Map Ruling

A federal judge has ordered Mississippi to redraw its State Supreme Court election map. The judge found that the current map unfairly weakens the voting power of Black voters (mississippitoday.org). This ruling is a significant victory for civil rights advocates, as it addresses long-standing concerns about racial discrimination in the state’s electoral processes. U.S. District Judge Sharion Aycock ruled on August 19, 2024, that the map, which has been in place since 1987, cannot be used for future elections (mississippitoday.org).

The lawsuit, filed in April 2022, argued that the map splits the Delta region, an area with a large Black population (newsone.com). This division diluted the voting power of Black Mississippians in the “Central district,” also known as Supreme Court District 1 (newsone.com). Judge Aycock concluded that race played a significant role in voting behavior in Mississippi. She stated that “Black voters in District 1 have less opportunity than other members of the electorate to participate in the political process and to elect candidates of their choice” (newsone.com). This decision underscores the ongoing struggle for equitable representation and the importance of the Voting Rights Act in safeguarding minority voting rights.

Understanding the Voting Rights Act

The Voting Rights Act (VRA) is a landmark federal law in the United States. It prohibits racial discrimination in voting. President Lyndon B. Johnson signed it into law on August 6, 1965, during the Civil Rights Movement. The VRA was designed to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments to the United States Constitution. Historically, the VRA has been crucial in dismantling discriminatory voting practices. These practices included literacy tests and poll taxes, which were used to prevent African Americans from voting, especially in the South.

Section 2 of the VRA specifically forbids states from enacting election laws that “results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color.” The U.S. Supreme Court’s decision in Milligan involved a racially gerrymandered congressional map in Alabama (vox.com). This map gave Black voters a majority in just one of the state’s seven districts, even though African Americans made up about 27% of the state’s population. This was challenged as a violation of Section 2 of the Voting Rights Act (vox.com). The Mississippi State Conference of the NAACP filed a lawsuit in 2022. They claimed that the legislative voting maps “illegally dilute the voting strength of Black Mississippians” (mississippifreepress.org). This aligns with the VRA’s purpose of preventing such dilution. A U.S. District Court panel agreed with the NAACP in 2024. They ordered the Mississippi Legislature to redraw its districting maps to create more Black-majority districts (mississippifreepress.org). This gives Black voters equal participation in the political process, which is a direct application of the VRA (mississippifreepress.org).

Impact of Redrawing Election Maps

Redrawing election maps, also known as redistricting, significantly impacts voting power and representation. It defines the boundaries of electoral districts. The way these boundaries are drawn can concentrate or disperse the voting strength of particular demographic groups. This influences their ability to elect their preferred candidates. When districts are drawn to dilute the voting strength of a specific group, it can lead to underrepresentation. This can happen even if that group constitutes a significant portion of the population. Conversely, creating districts where a particular group forms a majority can enhance their ability to elect candidates of their choice. This increases their representation.

A federal court ordered Mississippi to redraw its legislative boundaries to include more majority-Black districts (clarionledger.com). This acknowledged that the previous maps diluted Black voting power. The U.S. District Court for the Southern District of Mississippi ruled that the state violated the U.S. Voting Rights Act. It diluted Black voting power when redrawing districts in 2022 (clarionledger.com). The court’s decision to allow Mississippi to wait until 2025 to implement new maps for its 174 Senate and House districts aims to create more Black-majority districts (mississippifreepress.org). This is intended to give Black voters equal participation in the political process (mississippifreepress.org).

Racial Polarization in Voting

Racial polarization in voting describes a pattern where voters of different racial or ethnic groups consistently vote for different candidates or political parties. This often results in a situation where the preferred candidates of another racial group consistently defeat the preferred candidates of one racial group. The implications for election outcomes are significant. It can lead to the underrepresentation of certain racial groups, especially if their preferred candidates are unable to win elections due to the voting patterns of other groups. It can also exacerbate political divisions along racial lines. This makes it challenging for candidates to appeal to a broad, diverse electorate.

Racial Voting Patterns in Mississippi

The lawsuit against Mississippi’s legislative maps claimed that they “illegally dilute the voting strength of Black Mississippians” (mississippifreepress.org). This indicates a concern about racial polarization impacting election outcomes. The court’s order to redraw districts to create more Black-majority districts directly addresses the issue of diluted Black voting strength (mississippifreepress.org). This is a consequence of racial polarization preventing Black voters from electing their preferred candidates (mississippifreepress.org). Expert Dr. Byron Orey analyzed 19 elections between 2011 and 2023. He showed that Black voters overwhelmingly supported Black candidates (81% to 96%) (newsone.com). White support for Black candidates was often under 17%, sometimes in single digits (newsone.com). This racial divide in voting patterns usually led to the defeat of Black-preferred candidates (newsone.com).

The Central District’s Significance

The “Central District” (Supreme Court District 1) in Mississippi is a crucial area in discussions about judicial representation and voting rights. It encompasses a portion of the majority-Black Delta region and the capital’s Metro Area (mississippitoday.org). This demographic composition makes it particularly significant in the context of ensuring fair representation for Black voters. The district’s racial makeup is central to the ongoing legal challenges regarding the composition of the Mississippi Supreme Court.

Roughly 51% of the Central District’s voting-age population is Black (mississippitoday.org). This is a key factor in arguments that a majority of eligible Black voters in the area should create an equal playing field for Black candidates to get elected (mississippitoday.org). Currently, two white justices and one Black justice represent the Central District (mississippitoday.org). This is despite the significant Black voting-age population. This highlights the disparity that the lawsuit aims to address (mississippitoday.org).

Understanding Bloc Voting

Bloc voting refers to a voting pattern where a significant majority of voters within a particular demographic group, such as a racial or ethnic group, tend to vote for the same candidates or political party. In the context of Mississippi elections, when the term “bloc voting” describes white voters’ behavior, it implies that a substantial portion of white voters consistently vote in a unified manner. This is often for candidates who Black voters do not prefer. This can lead to the defeat of candidates favored by the Black community, even in districts with a significant Black population. This happens if the white bloc vote is large enough to overcome the votes of other groups.

The lawsuit regarding the Mississippi Supreme Court districts implicitly addresses bloc voting. It seeks to create a more equal playing field for Black candidates (mississippitoday.org). This suggests that current voting patterns, including white bloc voting, hinder their election. The fact that only four Black justices have served on the Mississippi Supreme Court in the state’s history, and never more than one at a time, despite a significant Black population, suggests the impact of voting patterns that could include bloc voting (mississippitoday.org).

Appointment Versus Election of Justices

The difference between the appointment and election of justices lies in how they assume their judicial roles. Appointed justices are typically selected by a governor or president, often with the confirmation of a legislative body. They serve for a fixed term or until retirement. Elected justices, on the other hand, are chosen by popular vote in general elections. This distinction matters significantly for judicial representation and legitimacy. Appointed judges may be seen as less accountable to the public. However, they are potentially more insulated from political pressures. This allows them to make decisions based purely on legal principles.

Elected judges are directly accountable to the electorate. This can lead to a judiciary that more closely reflects the demographics and values of the population. However, it can also introduce political considerations into judicial campaigns and decision-making. For minority representation, the method of selection can be critical. If a state has a history of racial polarization in voting, appointments might be the only pathway for minority judges to reach the bench. Elections could be challenging if bloc voting patterns prevent their success. Court of Appeals Judge Latrice Westbrooks attempted to become the first Black Mississippian to be elected to the Supreme Court without first being appointed to a vacant seat by a governor (mississippitoday.org). This highlights the distinction between the two methods of selection. The fact that only four Black justices have served on the Mississippi Supreme Court in the state’s history, and never more than one at a time, suggests that the method of selection has played a role in the limited representation of Black justices (mississippitoday.org).

The Importance of Majority-Black Districts

A majority-Black district is an electoral district where a majority of the voting-age population is Black. Creating such districts is significant for minority representation. It aims to ensure that Black voters have a realistic opportunity to elect candidates of their choice. In areas with a history of racially polarized voting, where white voters consistently vote against candidates preferred by Black voters, it can be extremely difficult for Black candidates to win elections in districts where they are not a majority. By concentrating a sufficient number of Black voters into a single district, the likelihood of a Black candidate winning increases. This enhances the political power and representation of the Black community. This is a key strategy used to remedy violations of the Voting Rights Act.

Central District Black Voting-Age Population

A federal court ordered the Mississippi Legislature to redraw its districting maps to create more Black-majority districts (mississippifreepress.org). This gives Black voters equal participation in the political process. The U.S. District Court ruled that Mississippi was in violation of the Voting Rights Act because it diluted Black voting power (clarionledger.com). The remedy involves establishing more majority-Black districts. The State Board of Election Commissioners argued that if a majority of eligible Black voters exist in the Central District, it should create an equal playing field for Black candidates to get elected (mississippitoday.org). This underscores the purpose of majority-Black districts.

Interaction with U.S. Supreme Court Decisions

The Mississippi ruling, which mandates the creation of more majority-Black districts to remedy Voting Rights Act violations, operates within the existing legal framework established by the U.S. Supreme Court. The Supreme Court’s decision in Milligan (2023) affirmed the continued vitality of Section 2 of the Voting Rights Act. This section prohibits racial gerrymandering that dilutes minority voting strength. This ruling provides a strong precedent for the Mississippi court’s decision. While the Mississippi case is specific to its state, any future U.S. Supreme Court decisions that potentially alter the interpretation or enforcement of the Voting Rights Act, particularly concerning the use of race in districting, could influence how the Mississippi ruling is implemented or challenged. However, as of the current information, the Mississippi ruling aligns with the Supreme Court’s most recent stance on the VRA.

The U.S. Supreme Court’s Milligan decision is described as a “significant victory for voting rights” and a “celebration of stare decisis” (vox.com). This suggests that the Court is upholding precedent regarding the Voting Rights Act, which supports the basis of the Mississippi ruling. The Milligan case involved a racially gerrymandered congressional map in Alabama that diluted Black voting strength (vox.com). This is similar to the issues addressed in the Mississippi lawsuit. This indicates a consistent legal approach to such violations. The U.S. Supreme Court is poised to address the validity of key voting rights laws, including the use of race in drawing voting districts (bloomberg.com). This could have broad implications. The Supreme Court has indicated it will consider outlawing the use of race in drawing voting maps (bloomberg.com). This sets up a significant legal challenge with implications for congressional districts with predominantly minority populations (bloomberg.com).

Practical Effects on Black Voters

Redrawing the map to create more majority-Black districts is expected to have significant practical effects on Black voters’ ability to elect their preferred candidates. By concentrating Black voters into districts where they constitute a majority, their collective voting power is enhanced. This makes it more likely that candidates favored by the Black community will win elections. This can lead to increased representation of Black individuals in the state legislature and potentially on the Mississippi Supreme Court, as seen in the ongoing lawsuit. The goal is to overcome the historical dilution of Black voting strength and ensure that Black voices are heard and represented in the state’s highest court.

The court found that if a majority of eligible Black voters exist in an area, it should create an equal playing field for Black candidates to get elected (mississippitoday.org). The current Central District has roughly 51% Black voting-age population (mississippitoday.org). This ruling aims to rectify the historical underrepresentation of Black justices on the Mississippi Supreme Court. Only four Black justices have served on the Mississippi Supreme Court in the state’s history, and never more than one at a time (mississippitoday.org). All four Black justices came from the Central district and were appointed to their positions by a governor, rather than being elected (newsone.com). In 2020, Court of Appeals Judge Latrice Westbrooks attempted to become the first Black Mississippian to be elected to the Supreme Court without first being appointed to a vacant seat by a governor (mississippitoday.org).

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.