Yes, this is a story about an abuse of power. Yes, partisanship runs deep in these cases. And, of course, Trump wants to ensure his puppet, Mike Johnson, remains Speaker of the House. But it is about much more than that.
The victims of these partisan games — the voters who are losing their ability to elect candidates of their choice — are always the same, and so are the winners.
I found it oddly refreshing that the plaintiffs in the Louisiana congressional map case currently before the Supreme Court refer to themselves as “non-African American.” If the Voting Rights Act is to be struck down by a conservative Supreme Court, at least it is more honest to do so explicitly on behalf of white voters in the Deep South.
There is no false pretense that this is being done to help minorities — no fig leaf of race neutrality. In the age of Trump, the forces behind this case — and the many GOP gerrymanders — are unapologetically helping white voters at the expense of minorities.
In 2013, the Supreme Court felt the need to justify its gutting of Section 5 of the Voting Rights Act by saying that “things have changed dramatically.” Only days after that decision, North Carolina Republicans enacted a new voter suppression law that was later struck down for “targeting” Black voters “with almost surgical precision.”
In 2025, no explanations based on improved voting conditions will be required — or even plausible. We all know who the losers will be if Section 2 of the Voting Rights Act is struck down. And, just as importantly, we all know who the winners will be.
What comes next will be predictable. Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Tennessee will all redraw their maps to remove Black representation and replace it with white Republicans. If time permits, much of this will happen in 2026; if not, it will wait until 2028.
And then we will sue. We will litigate to defend the right of Black and other minority voters to be held to a fair and equal standard. If it is unconstitutional racial gerrymandering to create districts that empower minority voters, why isn’t it a violation to purposely create districts that empower whites?
Increasingly, we are starting to see Democratic leaders willing to fight as well. On Nov. 4, California voters will vote on Prop. 50, which would add up to five Democratic districts. Meanwhile, Virginia Democrats announced they will hold a special legislative session to redraw the state’s congressional map.
This is a good start, but it is not enough. Every state controlled by Democrats needs to take a hard look at what they can do to redistrict now. If we want to have a shot at taking back the House in 2026, that is the courage and fight we must see from Democrats in every corner of the country.
This is the courage and fight my law firm is bringing to every case we litigate.
Sadly, there are far fewer law firms prepared to take on the fights for democracy today than in the past. The crisis of access to qualified lawyers is real and rapidly worsening.
I recently wrote that my law firm is litigating 63 voting and election cases in 30 states. In that piece, I noted that the number of cases “will almost certainly rise in the weeks to come.” It already has — and there are many more on the horizon.
We can do this work not only because we are experts in this field, but also because we are uncompromised by corporate clients. We are unafraid of Trump and his threats of retaliation. He has no leverage over us.
In the days, weeks, and months to come, Republicans will continue to rig the 2026 election. Redistricting will be a major part of it, but so will restrictions on voter registration, voting access, and efforts to subvert actual election results.
I am proud that my team will be at the forefront of these fights. In every one of them, we know who we are fighting for, who we are fighting against, and who is cowering in the shadows.