Supreme Court Term in Review: Reconciling Our Losses and Wins

NASSAU COUNTY, NY – Today, the New York Civil Liberties Union (NYCLU), Steptoe LLP, American Civil Liberties Union (ACLU), LatinoJustice PRLDEF, and the Asian American Legal Defense and Education Fund (AALDEF) announced the first settlement of its kind in New York on behalf of Black, Latino, and Asian voters that will establish fair, equitable legislative maps for voters in Nassau County. In February 2024, voters challenged the redistricting plan for the Nassau County Legislature as a partisan gerrymander that diluted the votes of Nassau County's Black, Latino, and Asian communities. Though residents of color make up over one-third of Nassau County’s eligible voters, the redistricting map rushed through the Nassau County Legislature in February 2023 created only four districts out of 19 in which Black, Latino, and Asian residents constituted a majority of eligible voters. Now, once signed by the Court, a consent decree in New York Communities for Change v. Nassau County will replace that discriminatory map with a politically fair map that includes six districts in which Black, Latino, and Asian residents constitute a majority of eligible voters, with an additional district that rectifies the prior map’s dilution of Asian voting influence. “This map is a big step towards equality and fairness in our community’s democracy,” said Lisa Ortiz, a plaintiff in this case. “After years of having our votes and voices diluted and ignored, we finally have an equal voice at the polls. We’re deeply gratified that our case delivered fairness for voters — and that voters of color will now have as much say as anyone else in Nassau County.” “This historic settlement says it loud and clear: efforts to partisan gerrymander and to deny communities of color their constitutionally-protected power at the ballot box will not stand in New York,” said Perry Grossman, Director of the Voting Rights Project at the New York Civil Liberties Union. “Using all the tools and protections we secured in the New York Voting Rights Act and the Municipal Home Rule Law, every voter in Nassau County will now have a fair, equal opportunity to make their voice heard. 2025 elections are around the corner and, with this settlement, Nassau voters will have a real chance to elect legislators who truly represent their interests.” “Today marks a historic victory for the voters of Nassau County,” said Adriel I. Cepeda Derieux, deputy director of the ACLU's Voting Rights Project. “This settlement reflects a critical step toward dismantling barriers that have hindered the influence of Black, Latino, and Asian communities. By securing fair legislative maps, voters — including our plaintiffs — now have a chance to elect candidates who value their concerns and priorities.” This decision follows the New York State Supreme Court upholding the constitutionality of the John R. Lewis Voting Rights Act (NYVRA) late last year; that decision affirmed that the NYVRA requires equal opportunity in electoral systems, not race-based preference for one group of voters over another. The new map implemented under this settlement will govern Nassau County’s legislative elections through the redistricting cycle after the 2030 census, when maps will be redrawn to reflect updated census counts. “We are immensely proud to have achieved this landmark settlement, which provides fair representation for all of Nassau County’s voters,” said Michael G. Scavelli, partner at Steptoe LLP and co-lead counsel on the matter. “This result would not have been possible without the tireless work of a truly remarkable team of clients, lawyers, and legal professionals. It was a privilege to stand up with each of them in the courtroom to tell our clients’ stories and demonstrate why fair maps and a fair mapmaking process matters. Our Steptoe team looks forward to continuing this important work.” “We are incredibly proud that the new redistricting map will help ensure our communities are better represented and have a fair and equitable say in the upcoming 2025 legislative races and other future elections," said Cesar Ruiz, Associate Counsel at LatinoJustice PRLDEF. “Communities of color in Nassau can breathe a sigh of relief and begin the critical work of organizing and mobilizing for their collective future knowing that their vote counts. We are proud to fight on behalf of our comunidad always, ¡Pa'lante Siempre Pa'lante!" “This new legislative map is a historic win for the voters of Nassau County, especially for the county’s rapidly growing Asian American community in the greater New Hyde Park area that had been illegally divided by the prior district lines,” said Ben Goldstein, Legal Fellow at the Asian American Legal Defense and Education Fund (AALDEF). “With this new map, Asian voters will have an equal opportunity to influence the outcome of elections, as New York law requires. Nassau County’s voters—and even candidates—of color can now participate in the political process on a more level playing field as a result of this settlement.”

Justice Allison Riggs recently won a seat on the North Carolina Supreme Court, but losing candidate Judge Jefferson Griffin refuses to concede. He seeks to invalidate tens of thousands of votes retroactively and overturn the election in the absence of any evidence of fraud or impropriety. The ACLU and the ACLU of North Carolina have filed an amicus brief on behalf of scholars of democratic backsliding who warn that Griffin’s maneuvers are part of a troubling trend of democratic erosion in North Carolina.

NEW ORLEANS – Oral argument concluded today at the U.S. Fifth Circuit Court of Appeals in a case that will determine the future of Louisiana’s state legislative maps, Nairne v. Landry. Last year, a group of Black voters and advocacy organizations won their lawsuit in the Middle District of Louisiana challenging district lines for the Louisiana State Senate and House of Representatives, claiming the state’s legislative maps violated Section 2 of the Voting Rights Act of 1965. The state appealed. “Following a seven-day trial involving almost two dozen witnesses, the district court found that Louisiana’s House and Senate maps dilute the voting power of Black Louisianians and prevent them from having an equal opportunity to elect representation that is responsive to their needs,” said Megan Keenan, staff attorney with the ACLU Voting Rights Project. “The district court faithfully applied the law, and its decision was supported by the testimony and evidence at trial. That decision should be affirmed.” “At every stage of the redistricting process, community members across Louisiana shared a clear and resounding message: They wanted fair maps that represent all of Louisiana’s communities and no longer deny Black voters an equal opportunity to elect candidates of their choice,” said Sara Rohani, assistant counsel for the Legal Defense Fund. “The district court’s thorough decision properly applied the tenets of the Voting Rights Act and demanded a new direction for representation in Louisiana’s state legislature. It should be affirmed.” Following a full trial, the district court found that Louisiana’s state legislative maps pack Black voters into a small number of majority-Black districts and crack other Black communities across separate districts, denying Louisiana’s Black voters an equal opportunity to participate in the political process and elect candidates of their choice. On appeal, state defendants challenged these findings and questioned the ability of private litigants to bring challenges under Section 2. The U.S. Department of Justice intervened to address the latter question, and all parties participated in oral arguments today. “Black Louisianians have faced generations of discrimination in political representation, but this case provides an opportunity for new hope,” said Michael McClanahan, president of the NAACP Louisiana State Conference. “Our state legislature makes decisions that impact every aspect of our communities’ lives — from our health, to our schools, and our safety. We are hopeful that we can move forward with this case and one step closer to realizing the promise of new, fair, and representative state legislative maps.” The district court found the Nairne plaintiffs had successfully shown evidence that Black voters’ electoral strength was diluted in multiple regions across the state after plaintiffs provided alternative maps revealing multiple additional districts could be drawn across both chambers according to the population data from the last U.S. Census. “Our win in the district court was a testament to our fight for fairness and inclusion in Louisiana’s political process,” said plaintiff Dr. Dorothy Nairne. “I know I speak not only for myself and the other plaintiffs, but also for so many Black community members across this state, when I say that new representation at our State Capitol would give us hope for justice. We want our voices to finally be heard at the ballot box and reflected in the decisions our lawmakers are making. For us, that is what is at stake in this case.” “We are honored to represent Dr. Dorothy Nairne and our other clients in the ongoing fight for fair and equal representation of Black voters in Louisiana,” said Alanah Odoms, executive director of the ACLU of Louisiana. “A district court has already recognized that Black Louisianans’ votes were being unjustly diluted, undermining the principles of democracy in our state. We urge the Fifth Circuit to affirm this critical decision. This fight, driven by our unwavering commitment to justice and love for humanity, is a vital chapter in the ongoing civil rights movement of our era.” The Nairne plaintiff-appellees Dr. Dorothy Nairne, Rev. Clee Earnest Lowe, Dr. Alice Washington, Pastor Steven Harris, the Black Voters Matter Capacity Building Institute, and the Louisiana State Conference of the NAACP. Plaintiff-appellees are represented by the American Civil Liberties Union, ACLU of Louisiana, Legal Defense Fund, Harvard Law School Election Law Clinic, and Cozen O’Connor, along with Louisiana attorneys Ron Wilson and John Adcock. A recording of the argument can be found here, and more background on the case can be found at www.aclu.org/cases/nairne-v-landry.

The Electoral College meets December 17th to certify the results of the 2024 election, but why? The ACLU breaks down if the process is worth keeping.